Part 3, Chapter 18: Manual Attachment IV

HHS Transmittal 87.01 (8/25/87):
Policy on Smoking in HHS Occupied Buildings and Facilities

This is not an exact replica of the General Administration Manual HHS Transmittal 87.01, and is not the official publication.

Subject:  POLICY ON SMOKING IN HHS OCCUPIED BUILDINGS AND FACILITIES

1-60-00    Purpose

10    Background

20    Policy

30    Applicability and Scope

40    Responsibilities

50    Implementation Directives

60    Education and Training

70    Notices and Signs

80    Referral of Questions

1-60-00  PURPOSE

The purpose of this chapter is to provide a Departmentwide policy on smoking in HHS-occupied buildings and facilities.  It supersedes General Administration Manual Chapter 1-60, dated January 8, 1978 "Policy on Smoking in HHS-Occupied Buildings".

1-60-10  BACKGROUND

The Department of Health and Human Services is the Federal Government's principal agency for furthering the health of Americans and providing them with essential human services.  The health risks of smoking and exposure to smoke are clearly documented by reports of the Surgeon General.  This Department accepts the evidence that:  involuntary smoking is a cause of disease, including lung cancer, in healthy nonsmokers; and, the simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to environmental tobacco smoke.  It is therefore essential that the Department, in the accomplishment of its mission, provide a smoke-free environment in all HHS owned and leased building space.

1-60-20  POLICY

The Department's policy is to establish a smoke-free environment in all HHS building space.

Implementation of this policy as set forth in section 1-60-50 of this chapter will be achieved through the cooperation, understanding and support of both the operating management of this Department and the Department's employees and employee representatives.

1-60-30  APPLICABILITY AND SCOPE

1. The provisions of this directive apply to all organizational elements of HHS that occupy HHS owned and HHS leased buildings and facilities.
2. The provisions of this directive also apply to HHS elements occupying Government owned or leased space which is assigned to HHS elements by GSA, and space obtained on a use permit, or nominal rental or rent-free basis.  In multi-tenant buildings the Departmental policy will apply within the confines of assigned space over which HHS elements have exclusive custody and control including corridors, rest room, cafeterias, stairways and other public space on floors or within blocks of space assigned to HHS elements.
3. Nothing in these regulations precludes an HHS organizational element from establishing more stringent guidelines.

1-60-40  RESPONSIBILITIES

1. The Heads of OPDIVs (for their headquarters, and field components); Regional Directors (for the space/facilities elements under their control); and Director, Office of Administrative and Management Services, OS; are responsible and accountable for implementing the provisions of this chapter as follows:
   • In HHS occupied buildings, facilities and space, the senior HHS official has the responsibility for implementing the Secretary's policy as it relates to space under his or her jurisdiction and control as implemented by his/her appropriate headquarters.
   • In multiple occupancy buildings and facilities the senior HHS official will negotiate with the senior officials of other occupant Government agencies (if any) to ensure that, as a minimum, the GSA smoking policy is enforced in non-HHS occupied space in the building.  Additionally, the senior HHS official is encouraged to seek adoption of the HHS policy by all occupants in a multiple occupancy building.
2. Heads of Staff Offices will support the provisions of this policy and assist the Heads of OPDIVs, RDs and the Director, Office of Administrative and Management Services, OS, in its implementation.  The Assistant Secretary for Management and Budget and Assistant Secretary for Personnel Administration will provide, within their areas of responsibility, training guidance and assistance.
3. Prior to implementation of this chapter or any provision thereof, the organizational element shall meet its obligation under 5 U.S.C. Chapter 71, as appropriate, where there is an exclusive representative for the employees.  In other cases employee consultation should be direct.

1-60-50  IMPLEMENTATION DIRECTIVES

1. General.  HHS officials care directed to implement and enforce the smoking policy through the prohibition of smoking in areas as defined in paragraph 1-60-30.
2. Implementation of this policy is to be achieved:
   • immediately in building areas where separate ventilation (single-pass air handling system) does not exist, and
   • no later than six months from the date of this issuance for space which can serve as temporary designated smoking areas (space which has pre-existing single pass air ventilation such as most restrooms), to allow a fixed but reasonable time for training and transition.
   • consistent with the requirements of 5 USC Chapter 71 and provisions of negotiated agreements.
3. The Department recognizes that prior labor/management agreements can affect the actual realization of a smoke-free environment at various sites and different points of time in the six-month period for transition.

1-60-60  EDUCATION AND TRAINING

1. The Assistant Secretary for Personnel Administration has issued Departmental guidance covering education, training and related personnel issues (HHS Instruction 792-3, Personnel Manual).

1-60-70  NOTICES AND SIGNS

1. Notices to Employees.  Officials responsibilities for implementing requirements of this chapter shall inform employees under their jurisdiction in writing of the provisions applicable to them.
2. Signs
   • Suitable signs shall be placed on or near entrance doors of buildings or HHS occupied areas subject to these regulations.  Signs should be procured and installed in cooperation with the GSA Buildings Manager in buildings managed by GSA.  It should not be necessary to display a sign in every room of each building.
   • In accordance with the Federal Acquisition Regulation, Part 8, the mandatory source of supply for the purchase of the aforementioned signs is UNICOR, Federal Prison Industries, Inc. (FPI).  Prior approval from FPI is required before using any other source of supply.  Purchase Orders should be submitted to:  UNICOR, Federal Prisons Industries, Inc., 320 First Street, N.W., Washington, DC 20534, (202) 724-8239.
   • The accepted international symbol for no smoking may be used as appropriate.

1-60-80  REFERRAL OF QUESTIONS

1. Questions on these general policy provisions as they affect HHS occupied space and facilities should be referred to the Office of Special Programs Coordination, Office of the Assistant Secretary for Management and Budget (ASMB).  FTS telephone Number 245-7426
2. Questions relating to personnel policy matters affected by this regulation shall be referred to the Office of Special Initiatives, Office of the Assistant Secretary for Personnel Administration, telephone number FTS 245-7153.
3. Technical questions concerning smoking and health, educational materials, or suggested methods of discouraging cigarette smoking in Government buildings, should be referred to the Office on Smoking and Health, Centers for Disease Control, Department of Health and Human Services, Washington, DC 20201; phone (FTS) 443-1575 commercial (301) 443-1575