HomeMy WebLinkAboutMINUTES - 04281998 - C15 TO: BOARD OF SUPERVISORS RR4
FROM: William Walker, M.D., Health Services Director ; .'',. Contra
DATE: March 30, 7988 _ Costa
County
SUBJECT: Enforcement of Califomla Labor Code 6404.5
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Introduce the attached ordinance to amend Section 14-8.8.008 of the County Ordinance Code to allow the Health
Services Department to enforce the provisions of Labor Code section 6404.5, California's Law for a Smokefree
Workplace in the unincorporated areas of the county, waive reading and fix May 5, 1998 for adoption.
FISCAL IMPACT:
Although enforcement of the Labor code involves a modest fine ($100 for the first offense, $200 for the second,
$500 for the third), based on prior history, it is not anticipated that any significant level of fines would be collected.
B,�KGROUND:
Contra Costa County implemented a clean indoor air ordinance(91-44) banning smoking in workplaces except bars,
bowling alleys, bingo parlors and cardrooms in 1991. When the California Legislature enacted AB 13 in 1994,
California's Law for a Smokefree Workplace (Labor Code 6404.5) mirroring the provisions of the county's
ordinance, the Board of Supervisors approved a resolution designating enforcement of the law in the unincorporated
area of the county to the Health Services Department to be consistent with the HSD's responsibility for enforcing
the county ordinance. Relatively few complaints were received (fewer than 12 a year) and no citations have ever
been issued, Voluntary compliance has been achieved in all cases.
Since bars, cardrooms and bingo parlors were required to comply with Labor Code 6404.5 on January 1, 1998, the
Health Services Department has experienced a much high level of enforcement efforts and some businesses appear
to be resisting voluntary compliance. Although the Health Services Department continues to try to achieve voluntary
compliance, there may be cases where citation might be required, County Counsel feels that in order for the Health
Services Department to be able to issue citations, an ordinance is required.
Contact: Wendel Brunner, M.D., 313-6712
cc: County Administrator
Public Health Director
Community Wellness and Prevention Director
CONTINUED ON ATTACHMENT: YES SIGNATURE: «'
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
51GNATURE(S):
ACTION OF BOARD ONy 4 — ��}' . f�+��f�m APPROVED AS RECOMMENDED _ � OTHER
VOTE OF SUPERVISORS
41I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT_ _y AND CORRECT COPY OF AN ACTION TAKEN
AYES:_ NOES, AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT:_ ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Contact Person: Wendel Brunner, M.D. (( t
CC: Health Services Administration ATTESTED '9-ti I
Public Health Administration PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
ORDINANCE NO,98 -
(Director of Health Services -
Violations of Labor Code section 6404.5)
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County Ordinance
Code):
SECTION I.S iMMAItY. This ordinance amends Section 14-8.008 of the County Ordinance Code
to add authority for the Director of Health Services to arrest and issue citations for violations of
Labor Code section 6404.5,which prohibits smoking in the workplace.
SECTION II: Section 14-8.008 of the County Ordinance Code is amended to read:
14-8.008 Infraction arrest and citation.
(a) The following officers, or their designated subordinates, shall have and are
hereby vested with the authority to arrest any person who violates the following
provisions of this code,and other codes as indicated,punishable as infractions:
(1) Director of Health Services - Division 413 and Chapter 450-6 and Labor Code
section 6404.5;
(2) Director of Building Inspection - Title 7;
(3) Director of Community Development-Title 8;
(4) Director of Public Works- Divisions 1002, 1010, 1014, 1106,and'1 i 10;
(5) Director of Growth Management and Economic Development - as provided by
Section 164.012.
(b)The above-listed officers,or their designated subordinates,may issue citations for
infraction violations of the above-listed code provisions.
(c)The county administrator may by written order issue regulations to provide for
administration, procedures,and policy direction for this section.
(Ords.98- §2,96-21 §2,95-36§1,90-122 §2,86-80§2;Penal Code§§ 19.7,836.5,
and 853.6; Labor Code§6404.5.)
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ORDINANCE NO,98-
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SECTION M: EFFECIM DAM This ordinance becomes effective 30 days after passage, and
within 15 days of passage shall be published once with the names of the supervisors voting for and
against it in the a newspaper published in this County.
PASSED ON by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR, Clerk of
the Board and County Administrator
By:
Deputy Board Chair
[SEAL]
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H;NVDAW*B0RDNANCE\SM0K.EC1T.WPD
Muth 25,1998
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O_ NQ.9-8-