Mayor Michael R. Bloomberg put
smokers in a chokehold March 30 when a law banning smoking in public
places went into effect in New York City.
The newly amended anti-smoking law prohibits smoking in the workplace
and any public space whether behind closed doors or out in the open.
A similar law will go into effect for New York State in May.
The citywide ban makes bars, restaurants, stores, theaters, convention
halls, sports arenas, recreation areas, health care facilities and
schools smoke-free zones. And it outlaws smoking in transportation
facilities like taxis, buses, subways and all vehicles owned by the
City of New York.
Smokers who violate the law face fines of $200, and business owners
$2,000.
Our members should especially be aware they can no longer smoke
in private offices nor in trucks, cars, or any other city-owned vehicle,
said DC 37 Associate General Counsel Eddie Demmings.
The new law protects nonsmokers from exposure to second-hand smoke
by expanding the 1995 Clean Air Act. It mandates management to provide
employees with a written smoking policy, and prohibits employers from
taking retaliatory personnel action, such as disciplinary action,
demotion or dismissal, against an employee who chooses to smoke illegally.
But the extent to which the city law is enforceable remains a hazy
issue for policy makers and city officials.
How the new anti-smoking law is enforced and which agency is
responsible for its enforcement whether management, the Fire
Department, the Department of Health or some other agency is
still undetermined, Mr. Demmings said.
While the new law slams the door on workplace smoking rooms,
it provides for separate smoking rooms. But the costs
of redesigning such a room to comply with the citys stringent
fire and buildings codes, including the installation of sprinklers
and a separate ventilation system, as outlined in the law are prohibitive
and make it nearly impossible for building owners to do, Mr.
Demmings explained.
DSW