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Unless otherwise defined herein, the definitions set forth in Article 19, Section 1002, of this Code, shall govern the interpretation of this Article.
(a) "Office workplace" shall include, in addition to the examples noted in Section 1002(6), press boxes at stadiums or other locations.
(Added by Ord. 180-88, App. 4/28/88)
The provisions of this Article apply to office workplace shared by the employees of two or more employers.
(1) Each employer shall notify his or her employees of the following regulations regarding smoking:
(a) Any nonsmoking employee may object to his or her employer about smoke in the office workplace. If the objection concerns another employer's employee, the nonsmoker's employer shall notify the smoker's employer of the objection. Using already available means of ventilation or separation or partition of office space, the smoker's employer shall attempt to reach a reasonable accommodation, insofar as possible, between the preferences of the nonsmoking and smoking employees. However, an employer is not required by this ordinance to make any expenditures or structural changes to accommodate the preferences of nonsmoking or smoking employees.
(b) If an accommodation which is satisfactory to all affected nonsmoking employees cannot be reached, the preferences of nonsmoking employees shall prevail and the employers shall prohibit smoking in that office workplace. The employers shall clearly mark the area in which smoking is prohibited.
(Added by Ord. 180- 88, App. 4/28/88)
By regulating smoking in shared office workplace, the City and County of San Francisco is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach approximately caused injury.
(Added by Ord. 180-88, App. 4/28/88)
The provisions of Section 1005 of Article 19 are applicable to the enforcement of violations of this Article. Any penalty assessed and recovered in an action brought pursuant to this paragraph shall be paid to the Treasurer of the City and County of San Francisco.
(Added by Ord. 180-88, App. 4/28/88)
If any provisions of this Article, or the application of any such provisions to any person or circumstances, shall be held invalid, the remainder of this Article, to the extent it can be given effect, or the application of those provisions to persons at circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this Article are severable.
(Added by Ord. 180-88, App. 4/28/88)