NIH SMOKING POLICY
May 1, 2002
1. Purpose: This policy implements Executive Order 13058, dated August 9, 1997, with the intent of protecting NIH employees and the public from exposure to environmental tobacco smoke (ETS) in the workplace.
2. Cancellation: This policy supercedes the prior issuance: NIH Smoking Policy, dated May 20, 1998.
3. Coverage: This policy applies to all employees of the NIH, as well as other Federal employees and members of the public, while working in or visiting facilities that are owned, leased or otherwise controlled by the NIH.
4. Labor Relations Obligation: Implementation of this policy for employees represented by a labor organization is contingent upon completing labor relations obligations.
5. Effective Date: This policy is effective upon signature.
/s/
Dr. Ruth L. Kirschstein, M.D.
Acting Director, NIH
NIH SMOKING POLICY
1. Policy: It is the policy of the National Institutes of Health (NIH) to take necessary steps to protect NIH employees and members of the public who use or visit NIH facilities from exposure to environmental tobacco smoke (ETS). In order to achieve this goal:
- The use of lighted tobacco products shall not be permitted in the following locations:
Inside any building on the NIH main campus;
Inside any off-campus building, whether leased, rented or owned by the NIH;
Inside any government-owned, leased or contractor vehicle operated by, or for the use of NIH employees or visitors;
Within 25 feet of building entrances and exits and, in courtyard areas, if within close proximity of entrances and exits;
In front of building air intake ducts;
Inside any covered parking garage which is physically part of or connected to a facility where NIH employees regularly pass on their way to or from work;
Within designated "Smoke Free Zones.”
- Smoking Cessation Programs
The NIH encourages and supports employees who wish assistance in eliminating dependence on the use of tobacco products through enrollment in an approved smoking cessation program (SCP). Information about these programs will be made available to the NIH community. For information on NIH sponsored smoking cessation programs, contact the Human Resource Development Division (HRDD) at 301-496-6211, TTY 301-594-2696. For a list of local smoking cessation programs and resources, contact the NIH Work & Family Life Center at 301-435-1619, TTY 301-480-0690. Recognizing that smoking cessation is a process which must often be repeated several times before it is successful, ICs may approve reimbursement for drugs, devices, and attendance at smoking cessation classes up to two times in any consecutive 12 month period in accordance with the following procedures:
1) ICs may pay the full cost of employee SCP participation sponsored or approved by the IC and completed by employees. (While some people may find that hypnosis and acupuncture are helpful, there is not enough scientific evidence to prove that they work. Reimbursement is not authorized for these methods.)
In approving a SCP not sponsored by the NIH, ICs should take into account the cost, location, and amount of time away from work (if applicable), of the SCP. The registration and payment process for smoking cessation will be handled the same as for other training courses.
2) ICs may also reimburse the employee up to $200 for any prescription or over-the- counter smoking cessation product used in conjunction with an NIH sponsored or approved smoking cessation program (whether the product is required by the program or not). Employees who receive products to aid smoking cessation that require a prescription may be reimbursed up to $200 or the cost of the prescription co-payment required by the employees health benefit plan (for plans that have prescription benefits which cover smoking cessation products), whichever is less.
3) Employees must present proof (e.g., a certificate or note from the program leader) that they have completed the requirements of the SCP to receive reimbursement for smoking cessation. The proof of completion, as well as a receipt, which clearly spells out the name and amount of the smoking cessation product, must be attached to the Standard Form 1034. For employees seeking reimbursement of the health care provider's required co-payment for a prescription smoking cessation product, a copy of the prescription must also be included. As some health plans include prescription smoking cessation medications in their prescription drug benefit plans, supervisors should inquire whether the employee has made use of this benefit before authorizing reimbursement. Reimbursements will be made via Electronic Funds Transfer (EFT).
- Establishing "Smoke Free Zones"
Areas within 25 feet of building entrances, exits and in front of air intake ducts shall be designated as "Smoke-Free Zones", to allow non-smoking employees and visitors to the NIH free and open access to all buildings without risk of exposure to the effects of ETS. Signs designating "Smoke Free Zones" will be posted at building entrances, exits and in front of air intake ducts outlining individual limits that apply to each location. In addition, smoking receptacles will be placed in areas outside these Zones. NIH is under no obligation to fund, design, build, operate, or maintain outdoor smoking shelters.
- Enforcement
It is hoped that adherence to designated "Smoke Free Zones" and proper use of receptacles by those who choose to smoke while at the NIH will produce the intended outcomes. If this policy does not result in a desired level of protection from ETS exposure risks through voluntary means, it will be necessary to expand and enforce the size and scope of these established Zones. The NIH is authorized by 45 CFR to issue written citations, which may result in monetary fines, for violations of the ban on smoking inside buildings located on the NIH campus. Violations of smoking bans inside NIH-leased or rented buildings, where prohibited by local ordinance, may also be subject to fines or other penalties. In addition, employee violations of this policy may result in disciplinary action.
- Exceptions
The Warren G. Magnuson Clinical Center may continue to apply the "Smoking in the Clinical Center " policy developed by Medical Executive Committee. Employees, patients and visitors of the Clinical Center shall be bound by terms and conditions of that policy. At NIH work sites where the NIH is not the facilities-controlling occupant, NIH employees must observe policies on the use of tobacco products prescribed by the site host. This includes leased or rented facilities, where "No Smoking" rules are established and enforced in compliance with applicable local ordinances. In the absence of written or posted restrictions on the use of tobacco products at these locations, this policy must be followed by NIH employees at these sites.
2. References:
1) Executive Order 13058, "Protecting Federal Employees and the Public from Exposure to Tobacco Smoke in the Federal Workplace", dated August 9, 1997.
2) 45 CFR, Part 3, "Conduct of Persons and Traffic on the National Institutes of Health Enclave", ß3.42 (f) "Smoking", dated October 1, 1990.
APPENDIX
REIMBURSEMENT TO EMPLOYEE FOR SMOKING CESSATION PRODUCTS
Use SF 1034, Public Voucher for Purchases and Services Other than Personal, also known as a public voucher. Click here for the Voucher available in PDF format.
IC's must assign each request for reimbursement a voucher number in the top right hand block of the form. A copy of the approved NIHITS action, proof of completion, as well as, a receipt which clearly spells out the name and amount of the smoking cessation product, must be attached to the Standard Form 1034. For employees seeking reimbursement of the health care provider's required co-payment for a prescription smoking cessation product, a copy of the prescription must also be included.
Completed forms with attachments can then be taken to the Customer Service Office in Building 31, Room B1B34 for authorization. Reimbursements will be made via Electronic Funds Transfer (EFT).
