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For the purpose of this Section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
REPRISAL ACTIVITY. Any extraordinary individual or municipal activity against an individual who testifies before a Committee of the Boston City Council, occurring within six months of said testimony before said Committee, shall create a rebuttable presumption that such activity is a reprisal against the individual so testifying.
(CBC 1985 16-34.4; Ord. 1989 c. 7 § 4)
The use of tobacco for smoking purposes is found to be increasingly dangerous and life-threatening, not only to the person smoking, but also to the nonsmoking person who is required to breathe air contaminated by environmental tobacco smoke. The most pervasive intrusion of the nonsmokers’ right to a healthy, unpolluted air space is the uncontrolled smoking in the workplace. The Boston City Council’s intent, by the passage of this Section, is to protect the health and welfare of the nonsmoker by regulating smoking and the discomforting effect it creates in the confined environment of the workplace.
(CBC 1985 16-35.1; Ord. 1993 c. 3)
(A) Because the smoking of burning tobacco or any other weed or plant is extremely dangerous to health and is a cause of material annoyance and discomfort to those employees who are exposed to it and have, of economic necessity, to work in the confines of a workplace, the Boston City Council hereby declares that the purposes of this act are:
(1) To protect the public health and welfare by regulating smoking in the workplace; and
(2) To minimize the toxic effects of smoking in the workplace by requiring an employer to adopt a policy that reasonably accommodates insofar as possible, the preferences of nonsmokers and smokers.
(B) If an employer allows employees to smoke in the workplace, the Section requires that:
(1) The employer make reasonable accommodations for the preferences of both nonsmoking and smoking employees;
(2) The employer must give particular preference to employees who as a result of either a cardiovascular illness, pulmonary illness or any other physical condition affecting the eyes, nose and throat, are sensitive to the discomforts of tobacco smoke;
(3) The employer use without incurring additional expense to the extent possible existing architectural design and ventilation systems to separate designated smoking areas from designated nonsmoking areas;
(4) All nonsmoking areas to be designated and conspicuously marked with signs; and
(5) The employer be prohibited from terminating without due cause or discriminating against any employee because the employee exercised his or her right under this act.
(CBC 1985 16-35.3; Ord. 1993 c. 3)
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARD OF HEALTH. The municipal Department, division, unit or body of the municipality charged with regulating and/or enforcing the health laws or regulations in the Massachusetts community of Boston.
BOSTON CITY COUNCIL. The law-making body of the community of Boston in the Commonwealth of Massachusetts.
EMPLOYEE. Any person who is employed by any employer in consideration for direct or indirect monetary wage or profit.
EMPLOYER. Any person who employs the service of an individual person.
ENCLOSED. An area, other than a public lobby, which is closed in by a roof and four walls or sides or partitions, either complete or partial, with appropriate openings for ingress and egress.
OFFICE SPACE or OFFICE SPACES or WORK SPACE or WORK SPACES. Any area occupied by an employee during the course of his or her employment, including, but not limited to, hallways, waiting areas, restrooms, lounges, eating areas, as well as enclosed motor vehicles, ships, boats and airplanes.
PERSON. Any individual person, firm, partnership, association, corporation, company, organization or legal entity of any kind.
SMOKING or TO SMOKE or SMOKE. The inhaling, exhaling, burning or carrying of any lighted cigarette; cigar, pipe or other article; or paraphernalia for tobacco or any other weed or plant.
WORKPLACE. Any enclosed area of a structure or portion thereof intended for occupancy by any private or public business entities which will provide primarily, but not exclusively, clerical, professional or business services of the business entity, or which will provide primarily, but not exclusively, clerical, professional or business services to other business entities or to the public, at that location. The WORKPLACE includes, but is not limited to, office spaces or work spaces in office buildings, office spaces or work spaces in all municipal office buildings, office spaces or work spaces in all public buildings, office spaces or work spaces in all federal office buildings where other than federal employees are employed and the federal regulations restricting smoking in federal buildings are not applied, medical office waiting rooms or areas and other medical treatment facilities, all manufacturing plant office spaces or work spaces not under the control of the federal government regulations restricting smoking in federal buildings or the General Service Administration (“GSA”) regulations restricting smoking in federal buildings.
(CBC 1985 16-35.4; Ord. 1993 c. 3)
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