Ohio Hospitals: No Smoking, No Ifs Or Butts

In 2006, 58% of Ohio voters approved the Smoke-Free Workplace Act, which came into effect in 2007. This act limits tobacco use in 280,000 places of employment and public places in Ohio, including hospitals. However, certain places are exempt, such as private residences, family-owned businesses without non-family employees, some nursing homes, outdoor patios, and retail tobacco stores. While the act has been enforced in most places, there is a question of whether it is worth the effort and cost, especially in rural areas, where there is greater public tolerance for smoking.

Ohio's Smoke-Free Workplace Law

The key requirements of the SFWPL include:

• Employers must prohibit smoking in all indoor areas, including public places and places of employment.
• No-smoking signs must be posted conspicuously at every entrance and in areas where smoking is prohibited. These signs must include the international No Smoking symbol or the words "No Smoking."
• Smoking must be prohibited in areas immediately adjacent to building entrances and exits to prevent tobacco smoke from entering prohibited areas through windows, ventilation systems, or other means. While there is no specified distance requirement, a buffer zone of 20-25 feet from doors and windows is generally recommended to prevent smoke migration indoors.
• All ashtrays and other smoking receptacles must be removed from indoor areas.

The SFWPL exempts private residences, family-owned businesses without non-family employees, certain areas of nursing homes, outdoor patios, and some retail tobacco stores. Additionally, smoking is permitted in private clubs as defined by Ohio Revised Code 3794.03 under specific conditions outlined in the law.

The enforcement of the SFWPL is handled by public health agencies, with a focus on ensuring compliance and educating the public about the dangers of secondhand smoke exposure. However, there have been challenges in consistent enforcement, especially in rural areas, where there is generally greater public tolerance for smoking.

Public health enforcement

In Ohio, public health enforcement of the Smoke-Free Workplace Law (SFWPL) involves responding to complaints regarding smoking in workplaces and public places. The law, enacted in 2007, prohibits smoking in various enclosed areas, including offices, meeting rooms, production areas, vehicles, and near building entrances. To ensure compliance, "No Smoking" signs with the designated toll-free number for reporting violations, 1-866-559-OHIO, must be posted. The public can lodge complaints about smoking in workplaces by calling this number or emailing NoSmoke@odh.ohio.gov.

The enforcement of SFWPL falls under the purview of local public health agencies and the Ohio Department of Health (ODH). ODH operates a Smoking Ban Enforcement Line during business hours, and calls outside these hours are returned as soon as possible. The effectiveness of enforcement is influenced by various factors, including the characteristics of the enforcing agency and reimbursement for enforcement efforts.

Rural counties in Ohio, such as those in Ohio Appalachia, have historically reported greater public tolerance for smoking. Rural agencies may opt out of enforcing the SFWPL, increasing the state's burden and challenging public support for the law. However, workers in these agencies tend to prioritize routine inspections over SFWPL enforcement. On the other hand, urban agencies are more likely to agree that enforcing the SFWPL is worth the effort and cost.

The reliability of collecting large fines by the State Attorney General's office has been questioned, impacting agency budgets. Despite these challenges, informants involved in enforcement acknowledged widespread public acceptance of the law from both smokers and non-smokers. They also noted safety as a priority during inspections, especially in certain establishments. Overall, public health enforcement of the SFWPL in Ohio aims to protect citizens from secondhand tobacco smoke exposure and create smoke-free work environments.

Rural counties and smoking tolerance

In 2006, 58% of Ohio voters approved the Smoke-Free Workplace Act, which came into effect in 2007. This legislation restricted tobacco use in around 280,000 workplaces and public spaces in Ohio. However, certain places, such as private residences, family-owned businesses without non-family employees, some nursing homes, outdoor patios, and select retail tobacco stores, were exempt from the law. Despite the overall support for the act, there were varying levels of tolerance for smoking across Ohio, particularly between rural and urban counties.

Ohio has 88 counties, 43% of which are rural, and in 2007, 23.1% of Ohioans were smokers, a significantly higher percentage than the rest of the United States. Between 1999 and 2003, tobacco use in Ohio Appalachia (31.5%) exceeded non-Appalachian Ohio counties (26.1%) and national levels (23.2% during 2000-2002). From 2002 to 2004, approximately 27% of adults in the state's 29 Appalachian counties smoked cigarettes, compared to 22% in rural non-Appalachian, suburban, and urban counties. These statistics indicate a higher prevalence of smoking in rural counties.

The Smoke-Free Workplace Law (SFWPL) faced challenges in rural areas, where greater public tolerance for smoking was reported. Rural agencies were less likely to agree that enforcing the SFWPL was worth the effort and cost compared to their urban counterparts (61% vs. 80%). Rural, smaller agencies also preferred routine inspection activities over SFWPL enforcement. The success of the SFWPL in rural counties was further hampered by the state's unreliable collection of large outstanding fines, which placed financial pressure on agency budgets.

The prevalence of smoking in rural Ohio is influenced by various factors. One factor is the area's socioeconomic status (SES). Adults living in census tracts with lower SES are more likely to be smokers, and the tobacco industry has targeted marketing towards these areas. Additionally, rural Americans and Americans of lower SES may have limited access to prevention and cessation interventions, contributing to higher smoking rates. Another factor is the retail environment. A study in 2016 found that cigarette prices in rural Ohio were generally lower than in urban areas, which may contribute to higher smoking rates in these regions.

Business owner responsibilities

As a business owner in Ohio, you are responsible for ensuring that your workplace is entirely smoke-free. This includes prohibiting smoking in public places and places of employment, such as offices, meeting rooms, production areas, restrooms, hallways, and vehicles. Ashtrays and other smoking receptacles must be removed from the facility. You must also post conspicuous "No Smoking" signs with the international No Smoking symbol at each entrance and in every public place and place of employment where smoking is prohibited. These signs should include the toll-free number for reporting violations: 1-866-559-OHIO (6446).

It is important to ensure that tobacco smoke does not enter any smoke-free areas through entrances, windows, ventilation systems, or other means. This includes areas immediately adjacent to building entrances and exits. If you wish to provide a smoking area for your employees or customers, you can build a smoking patio as long as it meets Ohio Administrative Rule 3701-52-01(M). Contact your local Public Health office and building/zoning office for further guidance and approval.

It is worth noting that smoking is permitted in private clubs, as defined by Ohio Revised Code 3794.03, as long as smoke does not migrate into enclosed areas where smoking is prohibited and, if alcohol is served, the club holds a valid D4 liquor permit.

As a business owner, you play a crucial role in enforcing Ohio's Smoke-Free Workplace Law and protecting the health of your employees and customers. By following these responsibilities and working with local health and enforcement agencies, you can help create a safe and compliant workplace for all.

Smoke-free workplace complaints

In Ohio, the Smoke-Free Workplace Law (SFWPL) was passed in 2006 with 58% of voters approving the act, and it came into effect on May 3, 2007. The law limits tobacco use in around 280,000 workplaces and public places in Ohio, including schools, restaurants, bars, taxis, and private offices. Private residences, family-owned businesses without non-family employees, certain areas of nursing homes, outdoor patios, and some retail tobacco stores are exempt.

While the law has been successful in reducing smoking in many workplaces and restaurants, there have been challenges with enforcement, especially in rural areas, where there is greater public tolerance for smoking. Some agencies, particularly smaller and rural ones, may opt out of enforcement, increasing the burden on the state to enforce the law and potentially hampering progress in improving the long-term health of residents. There is also a perception that the collection of large fines by the State Attorney General's office is unreliable, impacting agency budgets.

To address violations of the Smoke-Free Workplace Law in Ohio, residents can contact their local law enforcement for support. Additionally, they can work with their employer and community partners to adopt a smokefree policy if their workplace is not already covered by the SFWPL.

In Massachusetts, residents can file a complaint about a Smoke-Free Workplace Law violation by contacting the Massachusetts Department of Public Health by phone at (800) 992-1895, by mail, or by downloading and completing an online complaint form. They can also contact the Massachusetts Tobacco Cessation and Prevention Program (MTCP) by calling (617) 624-5900 or emailing MTCP@mass.gov.

Frequently asked questions