Protecting Federal Employees and the Public From Exposure to Tobacco Smoke in the Federal Workplace
Signed August 9, 1997·William J. Clinton·62 FR 43451
Source
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Plain-language summary
Prohibits smoking of tobacco products in all interior space owned, rented, or leased by the executive branch, and in outdoor areas under executive branch control near air intake ducts, in order to protect federal employees and the public from tobacco smoke. Exceptions apply to enclosed, ventilated designated smoking areas, residential accommodations, spaces leased entirely to nonfederal parties, private-sector workplaces, and limited written exceptions an agency head may approve to accomplish agency missions. Directs agency heads to evaluate restricting smoking near doorways and courtyards, encourages smoking-cessation programs, and requires agencies to implement the policy within one year, informing employees and visitors of the requirements and health risks. Requires implementation to be consistent with existing labor laws and collective bargaining agreements, and directs agencies to review and revise their policies for compliance. Applies to executive agencies as defined by law, excludes legislative and judicial branches, and encourages independent agencies to comply. States it creates no enforceable legal rights and does not prevent agencies from adopting stricter smoking policies.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America and in order to protect Federal Government employees and members of the public from exposure to tobacco smoke in the Federal workplace, it is hereby ordered
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The order, in full
Executive Order 13058 of August 9, 1997
Protecting Federal Employees and the Public From
Exposure to Tobacco Smoke in the Federal Workplace
By the authority vested in me as President by the
Constitution and the laws of the United States of
America and in order to protect Federal Government
employees and members of the public from exposure to
tobacco smoke in the Federal workplace, it is hereby
ordered as follows:
Section 1. Policy. It is the policy of the executive
branch to establish a smoke-free environment for
Federal employees and members of the public visiting or
using Federal facilities. The smoking of tobacco
products is thus prohibited in all interior space
owned, rented, or leased by the executive branch of the
Federal Government, and in any outdoor areas under
executive branch control in front of air intake ducts.
Sec. 2. Exceptions. The general policy established by
this order is subject to the following exceptions: (a)
The order does not apply in designated smoking areas
that are enclosed and exhausted directly to the outside
and away from air intake ducts, and are maintained
under negative pressure (with respect to surrounding
spaces) sufficient to contain tobacco smoke within the
designated area. Agency officials shall not require
workers to enter such areas during business hours while
smoking is ongoing.
(b) The order does not extend to any residential
accommodation for persons voluntarily or involuntarily
residing, on a temporary or long-term basis, in a
building owned, leased, or rented by the Federal
Government.
(c) The order does not extend to those portions of
federally owned buildings leased, rented, or otherwise
provided in their entirety to nonfederal parties.
(d) The order does not extend to places of
employment in the private sector or in other nonfederal
governmental units that serve as the permanent or
intermittent duty station of one or more Federal
employees.
(e) The head of any agency may establish limited
and narrow exceptions that are necessary to accomplish
agency missions. Such exception shall be in writing,
approved by the agency head, and to the fullest extent
possible provide protection of nonsmokers from exposure
to environmental tobacco smoke. Authority to establish
such exceptions may not be delegated.
Sec. 3. Other Locations. The heads of agencies shall
evaluate the need to restrict smoking at doorways and
in courtyards under executive branch control in order
to protect workers and visitors from environmental
tobacco smoke, and may restrict smoking in these areas
in light of this evaluation.
Sec. 4. Smoking Cessation Programs. The heads of
agencies are encouraged to use existing authority to
establish programs designed to help employees stop
smoking.
Sec. 5. Responsibility for Implementation. The heads
of agencies are responsible for implementing and
ensuring compliance with the provisions of this order.
“Agency” as used in this order means an Executive
agency, as defined in 5 U.S.C. 105, and includes any
employing unit or authority of the Federal Government,
other than those of the legislative and judicial
branches. Independent agencies are encouraged to comply
with the provisions of this order.
Sec. 6. Phase-In of Implementation. Implementation of
the policy set forth in this order shall be achieved no
later than 1 year after the date of this
order. This 1 year phase-in period is designed to
establish a fixed but reasonable time for implementing
this policy. Agency heads are directed during this
period to inform all employees and visitors to
executive branch facilities about the requirements of
this order, inform their employees of the health risks
of exposure to environmental tobacco smoke, and
undertake related activities as necessary.
Sec. 7. Consistency with Other Laws. The provisions of
this order shall be implemented consistent with
applicable law, including the Federal Service Labor-
Management Relations Act (5 U.S.C. 7101 et seq.) and
the National Labor Relations Act (29 U.S.C. 151 et
seq.) Provisions of existing collective bargaining
agreements shall be honored and agencies shall consult
with employee labor representatives about the
implementation of this order. Nothing herein shall be
construed to impair or alter the powers and duties of
Federal agencies established under law. Nothing herein
shall be construed to replace any agency policy
currently in effect, if such policy is legally
established, in writing, and consistent with the terms
of this order. Agencies shall review their current
policy to confirm that agency policy comports with this
order, and policy found not in compliance shall be
revised to comply with the terms of this order.
Sec. 8. Cause of Action. This order does not create
any right to administrative or judicial review, or any
other right or benefit, substantive or procedural,
enforceable by a party against the United States, its
agencies or instrumentalities, its officers or
employees, or any other person or affect in any way the
liability of the executive branch under the Federal
Tort Claims Act.
Sec. 9. Construction. Nothing in this order shall
limit an agency head from establishing more protective
policies on smoking in the Federal workplace for
employees and members of the public visiting or using
Federal facilities.
(Presidential Sig.)
THE WHITE HOUSE,
August 9, 1997.Reproduced from the Federal Register plain-text record, signed August 9, 1997. Typesetting artifacts are removed; no wording is changed.