Ohio Admin. Code 3358:5-13-03.1 - Smoke-free environment/smokeless tobacco products procedures

Current through all regulations passed and filed through March 11, 2022

(A) Enclosed areas are defined as any area with a roof or other overhead covering of any kind and walls or side coverings of any kind on more than two sides. The college has designated entrances at all buildings as "no smoking." Individuals must move to other areas of the college to smoke. Additionally, the use of smokeless tobacco products in all college buildings and vehicles is prohibited.

(B) "No smoking" signs or the international "no smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be conspicuously posted where smoking is prohibited including at each entrance to every building. Signs shall be of sufficient size to be clearly legible to a person of normal vision throughout the areas they are intended to mark. All signs shall contain a telephone number for reporting violations to the Ohio department of health.

(C) The Ohio department of health shall prescribe a schedule of fines for violations designed to foster compliance. The amount of a fine for a violation shall be up to a maximum of one hundred dollars per violation.

(D) The Ohio department of health shall prescribe a procedure for providing an individual the college of written notice of a report of a violation and the opportunity to present in writing any statement or evidence to contest the report and shall prescribe procedures for making findings whether an individual the college violated the law and for imposing fines for violations.

(E) Violations may be reported by any member of the public including but not limited to by mail, e-mail or toll-free telephone. A person shall not be required to disclose his or her identity in order to report a violation.

(F) Upon the receipt of a first report that an individual is in of a violation, the Ohio department of health or its designee shall investigate the report and, if it concludes that there was a violation, issue a warning letter to the individual college.

(G) Upon a report of a second or subsequent violation by an individual, the Ohio department of health or its designee shall investigate the report. If the director of health or director's designee concludes, based on all of the information before him or her, that there was a violation, he or she shall impose a civil fine upon the individual college in accordance with the director of health's schedule of fines.

(H) Any individual against whom a finding of a violation is made may appeal the finding to Violations may be appealed through the Franklin county court of common pleas.

(I) The director of health may institute an action in the court of common pleas seeking an order in equity against an individual that has repeatedly violated for repeated violations of the law or fails failure to comply with its provisions.

(J) Smoking is permitted on outdoor patios as long as tobacco smoke does not enter any area in which smoking is prohibited (i.e., through windows, entrances, ventilation systems or other means).

(K) Other areas on property owned or leased by the college may be declared as non-smoking as long as signage conforming to the requirements of section Chapter 3794.06 of the Revised Code is posted.

(L) Supervisors shall discuss the issue of smoking breaks with their staff. Together they shall develop effective solutions that do not interfere with the productivity of the staff.

(M) The college may assist employees who wish to quit smoking by facilitating access to recommended smoking cessation programs and materials.

(N) Posted "no smoking" signs shall not be obscured, removed, defaced, mutilated or destroyed.

(O) Any violation of these procedures shall be handled through the standard disciplinary procedure appropriate to the individual's relationship to the college (e.g., dean of students for students).

(P) Additional information is available through the Ohio department of health website athttp://www.odh.ohio.gov.

Notes

Ohio Admin. Code 3358:5-13-03.1

Effective: 8/20/2012
Promulgated Under: 111.15
Statutory Authority: 3358.04
Rule Amplifies: 3358.04
Prior Effective Dates: 2/1/07