Preamble
The NIH is the steward of medical and behavior research
for the Nation. Its mission is science in pursuit
of fundamental knowledge about nature and behavior
of living systems and the application of that knowledge
to extend healthy life and reduce the burdens of
illness and disability. A significant amount of research
has been conducted on the health effects of smoking.
The research has clearly identified that: tobacco
use remains the leading preventable cause of death
in this country and second hand smoke is a known
cancer causing agent. In light of concern for those
who visit or work at the NIH, it is imperative that
we move forward with this tobacco-free policy and
bring our mission home to our campus.
- PURPOSE AND COVERAGE
The purpose of this issuance is to provide guidelines
for the implementation of a policy on the prohibition
of tobacco use at the National Institutes of
Health (NIH) Bethesda campus. The policy is applicable
to all persons on the NIH’s Bethesda campus,
including employees of the NIH, contractors,
fellows, visiting scientists, students, other
Federal employees and members of the public while
working in or visiting the campus.1
- BACKGROUND AND AUTHORITY
On November 10, 2004, the HHS Secretary announced
the Tobacco-Free HHS initiative. This policy
requires all properties owned or leased by the
Department of Health and Human Services (HHS)
agencies to be tobacco free insofar as labor
and lease agreements permit.
The goal of Tobacco-Free HHS is to improve the
health of its employees by promoting tobacco use
cessation while protecting employees and the public
from exposure to environmental tobacco smoke (ETS)
in the workplace. Use of cigarettes, cigars, pipes,
smokeless tobacco, and any other tobacco products
lead to disease and death. Therefore, this policy
is designed to include all tobacco products.
Executive Order 13058 authorizes HHS to expand
the current no-smoking policy to prohibit smoking
on all HHS properties, including the NIH, unless
prohibited by the lease terms. Section 1701(a)
(7) (A) of the Public Health Service Act authorizes
HHS to prohibit the use of all tobacco products
on HHS properties, as part of a model program to
promote healthy behaviors and discourage participation
in unhealthy behaviors. Lastly, the Comprehensive
Smoking Education ACT (CSEA) and the Comprehensive
Smokeless Tobacco Health Education Act of 1986
(Smokeless Act), found at 15 U.S.C. section 1341
and 15 U.S.C. section 4401, respectively, provide
further legal authority for Tobacco-Free HHS.
- NIH BETHESDA CAMPUS POLICY
- Effective October 1, 2008, the use of all tobacco
products (including cigarettes, cigars, pipes,
smokeless tobacco, or other tobacco products)
is prohibited at all times:
- In all buildings;
- On all outside property or grounds, including
parking areas;
- In government vehicles.
- Communication of Policy
The NIH web site has a link to Tobacco-Free NIH
(http://tobaccofree.nih.gov/). This web site
will provide a direct link to the policy along
with educational and promotional materials.
Signs bearing the message “Tobacco-Free
Campus” will be posted at each vehicular
and pedestrian NIH campus entrance, and on buildings
(as applicable). No ashtrays, butt cans or smoking
shelters will be provided on tobacco-free campus
grounds.
- Tobacco Use Cessation Programs
The NIH encourages and supports employees who
request assistance in eliminating dependence
on the use of tobacco products through enrollment
in an approved smoking cessation program as administered
by the Federal Occupational Health (FOH).
Alternatively, the employee’s Institute
or Center may pay the full cost of employee Smoking
Cessation Product (SCP) participation sponsored
or approved by the Institute or Center and completed
by employees. Institutes and Centers may also
reimburse the employee up to $200 for any prescription
or over-the-counter SCP used in conjunction with
an NIH sponsored or approved SCP (whether the
product is required by the program or not). Covered
individuals seeking assistance can also make
use of NIH resources online at http://tobaccofree.nih.gov/.
- Exceptions
This policy does not apply to residential properties
on the NIH campus.
The Warren G. Magnuson Clinical Center may continue
to apply the "Smoking in the Clinical Center" policy
developed by the Medical Executive Committee
as it pertains to the use of designated “Patient
Smoking Areas."
- RESPONSIBILITIES
- Responsibilities of all employees, contractors,
fellows, visiting scientists, students, visitors,
and others with regard to compliance with the
tobacco-free policy at NIH:
Adherence to the policy cited above is the
responsibility of all NIH employees. Contractors,
fellows, visiting scientists, students, and
visitors must also comply with this policy
while on the NIH campus.
Employees who do not conform to this policy
may be subject to administrative action. Contractors
found to be in violation of this policy will
be reported to their supervisor at the contracting
organization.
- Responsibilities of supervisors with regard
to compliance with the tobacco-free policy
at NIH:
Supervisors are responsible for ensuring that
all employees are notified of the new policy
and receive a copy of the policy. Supervisors
are advised to confer with their servicing
employee relations specialists prior to initiating
any administrative action.
Any person who observes violations of the policy
may report these violations to the supervisor
of the employee in question. Once the employee’s
supervisor has been notified of a violation,
or if the supervisor directly observes a violation
by an employee under their direction, the supervisor
is responsible for discussing the violation
with the employee and taking appropriate administrative
action. The same administrative approach should
be applied that is used in addressing violations
of other NIH policies. Supervisors should consult
with an NIH employee relations specialist for
advice on the appropriate action.
8/21/2008
The NIH will continue to honor all current Collective Bargaining Agreements containing provisions that address smoking/tobacco, and will implement this policy consistent with the Agreements and its obligations under law, rule or regulation.
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