HomeMy WebLinkAboutMINUTES - 10071986 - 2.2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on October 7 , 1986 , by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, Powers
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Smoking Policies
In response to referrals of the Board relative to the
implementation of the County' s Smoking Ordinance No. 85-57 regu-
lating smoking in enclosed places, the County Administrator sub-
mitted the attached report setting forth recommendations regarding
smoking policies within the County.
Supervisor Sunne McPeak referred to Item 2 in
Recommendation #1 and expressed some concern relative to the
County's ability to refuse to hire safety retirement members who
smoke. She advised that at the time she voted for the original
referral it was not her intent to ban hiring people who smoke.
The Board then reviewed the attached report from the
Director of Personnel, dated October 1 , 1986 , advising of a
meeting with employee organizations regarding smoking. The
Personnel Director submitted the recommendations of the employee
organization representatives, expressing their support of any and
all employer efforts to encourage all employees who smoke to
quit. He submitted three implementing procedures to accomplish a
smoke-free work environment.
Board members being in agreement, IT IS ORDERED that
the recommendations set forth in the report from the County
Administrator and the report from the Director of Personnel are
APPROVED.
IT IS FURTHER ORDERED that the following actions are
APPROVED:
1 . Emphasized the enforcement of the County's and
cities ' smoking ordinances ;
2. Requested citizens observing violations to report
these to the Health Department or a Supervisors '
office;
3. Requested County Counsel to investigate the current
status of laws relative to the sale of tobacco pro-
ducts to minors and the distribution of free
tobacco product samples in public, and report on
the feasibility of the County adopting ordinances
reinforceing these prohibitions;
4. Requested the Contra Costa Health Plan to work with
the Contra Costa Health Coalition to establish a
working task force with other health care providers
to consider establishing a rate structure based on
actuarial costs of smokers versus non-smokers ;
5 . Requested that PSA be asked to consider banning
smoking on flights to and from Contra Costa County
during the Great American Smoke-Out; and
1
6 . Requested the Personnel Director to provide sta-
tistics on safety personnel who are on disability
so as to determine if there is a correlation between
smoking and disability incidence.
cc: County Administrator
Personnel Director
County Counsel
Risk Manager
Health Services Director
CCHP
1 hereby certify that this is a true and correct copy of
an action taken and entered on the rninutes of the
Board of Supervisors on the date shown.
ATTESTED: �'�'� �� 2 u6
PHIL BATCHELOR, C:erk of the Board
of Supervisors and County Administrator
By -[�-�.[� , Deputy
2
IrO: BOARD OF SUPERVISORS ¢¢
FROM: Phil Batchelor l.�ortra
County Administrator Cosmo
DATE: October 7 , 1986 � m
SUBJECT:
Smoking Policies
SPECIFIC REQUESTS) OR. RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
I . Accept status report from the County Administrator on:
1. Implementation of the County Smoking Ordinance;
2 . Ability of the County to refuse to hire safety
retirement members who smoke;
3 . Endorsement of the American Medical Association and
Contra Costa Health Coalition goals for a tobacco-free
society by the year 2000 and supporting certain actions
relating thereto;
4 . Communicating the County' s position relating to item
No. 3 to our legislative delegation requesting support;
5. Requesting the Smoking Education Coalition to develop a
community education campaign to achieve the objectives
in item No. 3 ;
6. Directing the Contra Costa Health Plan and requesting
other health insurance plans marketing in Contra Costa
to cooperate in an effort to identify the costs for
smokers versus non-smokers and develop rates that more
accurately reflect the true expenditure experience;
7 . Requesting Pacific -Southwest Airlines to voluntarily
prohibit smoking on all flights to and from Contra
Costa County;
8 . Referral to County Counsel and the County Administrator
for review and report to the Board a proposed ordinance
to prohibit the advertising of cigarettes on
advertising display signs.
II . Authorize Health Services Director to apply to the Federal
Government for a new rating system for the Contra Costa
Health Plan.
CONTINUED ON ATTACHMENT: _1 YES SIGNATURE: �//AA
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Page 2
BACKGROUND•
1 . Ordinance Number 85-57 ( Smoking Regulation in Public and
Work Places) was passed by the Board on September 24, 1985,
and became effective 30 days thereafter. The Ordinance
regulates smoking in enclosed places, including places of
employment within the unincorporated areas of the County and
within County-owned facilities.
The Ordinance requires that each employer and each place of
employment affected shall adopt a written smoking policy
containing specific workplace rules and regulations
necessary to implement this Ordinance.
On April 4, 1986, a comprehensive listing of actions taken
in the business community in the unincorporated areas and by
departments in County facilities was presented to the Board
by the. County Administrator.
During the past year the Department of Health Services
Prevention Program has provided dozens of consultations to
local employees on the Ordinance' s implementation
requirements. Consultations have been initiated by either
employers, or their employees, after on-the-job problems
have occurred. The Prevention Program staff sees the need
for additional training for employees to assure adequate
implementation and compliance with the Ordinance.
The first anniversary of the Smoking Control Ordinance on
the Great American Smokeout, November 20, 1986, is an
opportunity to provide further information and training to
employers. Two training programs are planned: one in late
October for Department Heads on policy enforcement, and one
on November 19 open to anyone, particularly local employers,
who would like more information on implementation and
enforcement.
One-on-one consultation will continue in person or by
telephone with employers and employees. A continued need
for workplace "walk-through" training for health and safety
personnel, and for policy review, is seen and will be
provided.
To prepare for the November 19 training, an extensive media
outreach campaign will be conducted through the Prevention
Program. Press releases, public service announcements, and
community newsletters will be used to inform the citizens of
the Ordinance anniversary and training opportunity. This
media campaign is critical because of the difficulty of
identifying and reaching businesses in the unincorporated
area.
2. On November 19, 1985, the Board referred to the County
Administrator, County Counsel, and Sheriff a Holden,
Massachusetts contract for review and to report back on its
applicability for Contra Costa County.
The Personnel Department contacted the law firm which
negotiated the smoking law for new police hires for the City
of Holden. At the time the City negotiated the agreement,
only two members of the twenty ( 20) member police force were
smokers. The City has hired only two new police officers
since the hiring law on smokers was instituted in November,
1985. Finally, we were informed that had the City of Holden
attempted to negotiate a retroactive smoking law for all
officers, the Police Officers' Union would not have agreed.
Page 3
Since this item was referred to the County Administrator,
the Personnel Department has been surveying agencies
throughout the State on this issue and discussing it with
representatives of employee organizations. A copy of
the Personnel Director' s October 1, 1986 report on Meeting
with Employee Organizations Regarding Smoking is attached.
Finding employee organization representatives supportive of
efforts to encourage all employees who smoke to quit, the
Personnel Department is taking the following actions:
a. Modifying the Personnel Department job announcement
"flyers" to advertise that Contra Costa County believes
in and is working toward a smoke-free work environment
and will encourage new appointees who smoke to attend
smoke-cessation classes.
b. Including materials in the orientation packet provided
to new employees explaining the hazards of smoking and
stating the County strongly supports a smoke-free work
environment.
C. Establishing through the Department' s Benefits Manager
a Smoking Cessation Program for all County employees
who smoke, with attendance to be voluntary, but on
County time and at County expense.
3 . The Board of Supervisors on August 18, 1986 adopted a
comprehensive list of recommendations to promote greater
wellness and reduce medical care costs through the control
of smoking and tobacco use. Their position is to endorse
the AMA and Contra Costa Health Coalition goal for a
tobacco-free society by the year 2000, and to support the
following actions:
a. ban advertising of tobacco products;
b. require stronger health warnings on tobacco products;
C. require labels listing ingredients in cigarette tobacco
and other tobacco products;
d. prohibit smoking on any common carrier;
e. designate smokeless tobacco as a health hazard;
f. eliminate federal price supports for tobacco and
increase taxes on tobacco products;
g. support local ordinances to prohibit sale of cigarettes
and other tobacco products to minors, to eliminate the
distribution of free cigarette samples on public
property, and to protect the rights of non-smokers.
4 . The Board' directed that their position on the above actions
be communicated to our legislative delegation requesting
support. A copy of the letter to Congressman Miller is
attached. .
5 . In connection with the above recommendations, the Board
directed that the Smoking Education Coalition be requested
to develop a community education campaign to achieve those
objectives. A copy of the request is attached.
Page 4
6. The Board in its August 18, 1986 Order directed the Contra
Costa Health Plan, and asked that health insurance plans
marketing in Contra Costa cooperate in an effort to identify
the costs for smokers versus non-smokers and develop rates
that more accurately reflect the true expenditure
experience.
The Health Services Director reports that, as a federally
,qualified health maintenance organization, the Plan is now
required to use community rating in establishing its
premiums. Under this method, premium rates are based on the
average cost of health care used by all subscribers in a
specific geographic area or industry. The Plan is seeking
Board approval to submit a request to the federal government
to allow the new rating system to include the following
factors in establishing premiums:
a. age
b. sex
c. family size
d. marital status
e. lifestyle
A copy of the Health Services Director' s September 29, • 1986
memo, subject: "Request to Federal Government" is attached.
The Employee Benefits Manager sent a letter to health
insurance plans marketing in Contra Costa County asking if
the plans would provide the County with a reduced medical
premium for non-smoking employees if the County is able to
provide a significant non-smoking population ( 800-900
population base) . A copy of the September 22, 1986 letter
and list of addressees is attached.
7 . A letter was sent to Pacific Southwest Airlines, as the
Board directed, requesting that the Airline voluntarily
prohibit smoking on all flights to and from Contra Costa
County. A copy of the letter is attached.
8 . The proposed Ordinance to prohibit . cigarette advertising on
display signs referred to .County Counsel on September 16,
1986 is under review.
v
Contra Personnel Department
Costa Administration Bldg.
651 Pine Street
Court Martinez, California 94553-129
DATE: October 1, 1986
TO: Phil Batchelor, County Administrator
FROM: Harry D. Cisterman, Director of PersonnelA 0
SUBJECT: Report on Meeting With Employee Organizations Regarding Smoking
--------------------------------------------------------------7-----------------
On Friday, September 5, 1986 I met with representatives of employee
organizations regarding the issue of "smoking" with particular reference to the
hiring of new employees.
While employee organization representatives are in general agreement with the
Board's current ordinance which restricts smoking in the work place, a majority
of these representatives would not support a hiring ban against public safety
job applicants who smoke. Employee organization representatives, including
United Professional Fire Fighters, Local 1230 and the Deputy Sheriffs'
Association, believe a hiring ban against smokers would be unenforceable and
probably would result in litigation against the County.
These same representatives are of the opinion that the County cannot mandate new
employees who smoke to attend compulsory smoking cessation classes. Conversely
they believe the County should take whatever steps necessary to encourage all
employees who smoke to attend cessation classes. Parenthetically, it should be
noted that, since my meeting with the employee organization representative, we
have been advised that both the American Cancer Society and the American Lung
Association advise that mandating attendance a smoking cessation classes by
smokers does not work and is ineffective in getting smokers to quit.
In addition to talking with representatives of employee organizations, we
contacted the law firm that negotiated the smoking ban for new police hires for
the City of Holden, Massachusetts. At the time the city negotiated the
agreement only two members of the city's twenty (20) member police force were
smokers. Both have since quit. However, as might be expected turnover is low
and the city has only hired two new police officer since the hiring ban against
smokers was instituted in November, 1985; both are non-smokers. Finally, we
were informed that had the City of Holden attempted to negotiate a retroactive
smoking ban for all police officers, the Police Officers' Union would not have
agreed.
State-wide we are aware of no city, county or special district which has or is
seriously considering a smoking ban 'for new hires. In discussing the issue with
one labor representative, we were cautioned that since smoking is addictive an
argument can be made that smokers are handicapped and therefore a hiring ban
against smokers would be discriminatory. Additionally, we were advised that the
t
Phil Batchelor, . County Administrator -2- October 1, 1986 '
California State Constitution protects the "Right of Privacy" and therefore what
someone does off duty is his/her own business. Lastly, we were advised that an
absolutely solid "nexus" would have to be advanced between job performance and
off duty conduct.
On the up side employee organization representatives are supportive of any and
all employer efforts we might undertake to encourage all employees who smoke to
quit. Consequently, I am directing my staff to implement the following steps:
a. Modify the Personnel Department job announcement "flyers" to adver
tise the fact that Contra Costa County believes in and is working
toward a smoke-free work environment and will encourage new
appointees who smoke to attend smoking cessation classes.
b. Include material in the orientation packet provided each new
employee which explain the hazards of smoking and stating that
Contra Costa County strongly supports a smoke-free work
environment;
c. Establish through the Personnel Department's Benefit Manager a
Smoking Cessation Program for all employees who smoke, attendance
to be voluntary but on County time and at County expense. The
Benefits Manager will also query health plan carriers regarding
reduced medical premiums based on a significant non-smoking
employee population.
I will continue to monitor smoking policy changes throughout governmental
agencies in California and report any significant events to you.
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