The Town of Otterbein is committed to providing a safe and healthy workplace and to promoting the health and well-being of its employees and residents, and to protecting indoor air quality at all of our facilities. A tobacco-free environment helps create a safe and healthy workplace. Smoking and secondhand smoke are known to cause serious lung diseases, heart disease, and cancer. The Town of Otterbein recognizes the hazards caused by tobacco use and exposure to secondhand tobacco smoke.
(A) Smoke-free workplace. It is the policy of the Town of Otterbein to prohibit smoking as listed below to provide a safe and healthy work environment for all employees.
(1) Smoking defined. Smoking is defined as the 'act of lighting, smoking, or carrying a lighted or smoldering cigar, cigarette, or pipe of any kind.'
(2) Places prohibited. No smoking is permitted within the facilities of the Town of Otterbein at any time. This includes, but is not limited to, common work areas, the Town Hall and Community Center, inside buildings at the wastewater and water plants, garages, maintenance facilities, inside vehicles, or at town-operated parks.
(a) Doors and entrances. Smoking is not permitted within eight feet of all entrances, exits, and doorways (including garage doors, portals, open windows, etc.) (see I.C. 7.1-5-12-4).
(b) Windows and ventilation systems. Smoking is not permitted within eight feet of all operable windows and ventilation systems. This is to prevent smoke from entering those areas.
(c) Vehicles or equipment. Smoking is not permitted inside of or within eight feet of town-operated vehicles and equipment, including, but not limited to, trucks, all-terrain vehicles (ATV), utility task vehicles (UTV), backhoes, lawn mowers, string trimmers, pumps, and generators.
(B) Vape-free workplace. E-cigarettes and vapes pose health risks and contain detectable levels of carcinogens and other toxic chemicals. These chemicals are also present in secondhand emissions. E-cigarettes are not a safe alternative to smoking, and there is no scientific evidence that they help smokers quit.
(1) Vaping defined. Vaping refers to the use of electronic nicotine delivery systems or electronic smoking devices (with or without nicotine) such as e-cigarettes, e-pipes, e-hookahs, vape pens, 'mods', and e-cigars.
(2) Vaping prohibited. The use ofvaping or electronic nicotine delivery systems, including ecigarettes, e-pipes, e-hookahs, and e-cigars is prohibited anywhere where smoking is prohibited.
(C) Legal requirements. Receiving a copy of this policy or of the employee handbook shall constitute the town fulfilling its requirement to inform employees under I.C. 7.1-5-12-4(b).
(1) Signage. The Town Administrator shall post signage where smoking is prohibited.
(D) Cessation. The Town of Otterbein will help employees who want to quit smoking by helping them access recommended smoking cessation programs and materials (visit www.lung.org/stop-smoking for more information).
(E) Violation. Employees who violate this policy will be subject to disciplinary action, up to and including termination of employment. Violations of this section shall be considered a minor infraction unless imminent danger or reckless actions requires stricter enforcement.
(Res. 2022-0421A, passed 4-21-2022)