Nebraska's smoke-free worksites law: a summary.

1. The Clean Indoor Air Act of 2008:
Nebraska’s Smoke-Free Air Law
Smoke-Free Indoor Workplaces
And Public Places

2. What does Nebraska’s smoke-free air
law do?

3. What does Nebraska’s smoke-free air
law do?
 Protects employees and the public from
secondhand smoke.

4. What does Nebraska’s smoke-free air
law do?
 Protects employees and the public from
secondhand smoke.
 Prohibits smoking in indoor public places and
workplaces.

5. What does Nebraska’s smoke-free air
law do?
 Protects employees and the public from
secondhand smoke.
 Prohibits smoking in indoor public places and
workplaces.
 Went into effect Monday, June 1, 2009.

6. What is secondhand smoke?
Secondhand smoke is the combination of smoke
exhaled by a smoker and the smoke from a
burning cigarette, pipe or cigar.
This combination is dangerous for both the
smoker and the nonsmoker.

7. Why is it dangerous?
 Nonsmokers who breathe the smoke
from other people’s cigarettes can suffer
serious illnesses as a result of their
exposure.

8. Why is it dangerous?
 Secondhand smoke contains more than 4,000
chemicals; including 200 poisons, and 69
known and probable cancer-causing
substances. Secondhand smoke has been
classified by the U.S. Environmental Protection
Agency (EPA) as a known cause of cancer in
humans (Group A carcinogen), putting it in the
same category as asbestos, benzene and
radon.

9. What are some of the health effects of
secondhand smoke?

10. What are some of the health effects of
secondhand smoke?
 Increases risk of lung cancer and
heart disease;

11. What are some of the health effects of
secondhand smoke?
 Increases risk of lung cancer and
heart disease;
 Triggers asthma attacks;

12. What are some of the health effects of
secondhand smoke?
 Increases risk of lung cancer and
heart disease;
 Triggers asthma attacks;
 Increases the risk of lower respiratory tract
infections, such as bronchitis and pneumonia;

13. What are some of the health effects of
secondhand smoke?
 Increases risk of lung cancer and
heart disease;
 Triggers asthma attacks;
 Increases the risk of lower respiratory tract
infections, such as bronchitis and pneumonia;
 Increases risk of ear infections.

14. Why is secondhand smoke hazardous
to restaurant and bar workers?
 Studies have found that waitresses have higher
rates of lung and heart disease than any other
traditionally female occupational group.
 One shift in a smoky bar is equivalent to smoking
16 cigarettes a day.

15. What does the smoke-free air law
do?
 The law eliminates smoking in enclosed indoor
workspaces and indoor public places.

16. What does the smoke-free air law
do?
 Indoor area includes, but is not limited to, any
work area, employee breakroom, restroom,
conference room, meeting room, classroom,
employee cafeteria, and hallway.
 Lodging facilities may designate up to 20
percent of guest rooms as smoking. The
remainder of indoor areas at lodging facilities
must be smoke-free.

17. What places are not covered?

18. What places are not covered?
 Up to 20 percent of hotel rooms;

19. What places are not covered?
 Up to 20 percent of hotel rooms;
 Tobacco-only retailers defined as “store that sells only
tobacco and products directly related to tobacco.
Products directly related to tobacco do not include
alcohol, coffee, soft drinks, candy, groceries or
gasoline.;”

20. What places are not covered?
 Up to 20 percent of hotel rooms;
 Tobacco-only retailers defined as “store that sells only
tobacco and products directly related to tobacco.
Products directly related to tobacco do not include
alcohol, coffee, soft drinks, candy, groceries or
gasoline.;”
 Facilities researching the health effects of smoking;
and

21. What places are not covered?
 Up to 20 percent of hotel rooms;
 Tobacco-only retailers defined as “store that sells only
tobacco and products directly related to tobacco.
Products directly related to tobacco do not include
alcohol, coffee, soft drinks, candy, groceries or
gasoline.;”
 Facilities researching the health effects of smoking;
and
 Private residences, except when a residence is being
used as a licensed child care program.

22. Special Note

23. Special Note
 Bars meeting certain criteria may make application to
the Nebraska Liquor Control Commission to be
considered cigar bars. Approved cigar bars could allow
smoking of non-cigarette tobacco products beginning
in September 2009.

24. What if my business is not on this list?
 The law eliminates smoking in enclosed indoor
workspaces and indoor public places.
 The law lists those establishments noted in the
previous slide as its only exceptions.

25. What about the outdoors?

26. What about the outdoors?
 The law does not address smoking outdoors at
private worksites.

27. What about the outdoors?
 The law does not address smoking outdoors at
private worksites.
 Individual businesses may choose to create
smoke-free areas outdoors.

28. What about the outdoors?
 The law does not address smoking outdoors at
private worksites.
 Individual businesses may choose to create
smoke-free areas outdoors.
 Local communities may choose to create
smoke-free environments near worksites and
public places.

29. What about the outdoors?

30. What about the outdoors?
 Indoor area means an area enclosed by a
floor, a ceiling, and walls on all sides that are
continuous and solid except for closeable entry
and exit doors and windows and in which less
than 20 percent of the total wall area is
permanently open to the outdoors. For walls in
excess of eight feet in height, only the first
eight feet shall be used in determining such
percentage.

31. What about local laws?
 Local smoke-free air laws remain on the books.
Workplaces and public places made smoke-free by
local laws that aren’t covered by state law will be
required to be smoke-free by that local law.
 Local laws in some communities include provisions
such as those that require that tobacco retailers be
smoke-free; that smoking be prohibited near fireworks
stands or at swimming pools; and that local
government vehicles be smoke-free. These provisions
remain in effect.

32. What about local laws?
 Local communities may continue to pass
smoke-free air laws with provisions that are
more stringent than state law.
 Consult your local community government or
health department for details on pertinent local
laws.

33. What are the penalties under
Nebraska’s law?
 A person who smokes in a place of
employment or a public place in violation is
guilty of a Class V misdemeanor (maximum
$100 fine) for the first offense and Class IV
misdemeanor (minimum $100, maximum
$500) for the second and subsequent offense.
Charges can be dismissed upon successful
completion of smoking cessation program.

34. What are the penalties under
Nebraska’s law?
 A proprietor that fails, neglects or refuses to
perform a duty under the law is guilty of a class
V misdemeanor for the first offense and class
IV misdemeanor for the second and
subsequent offenses.

35. What are the penalties under
Nebraska’s law?
 Each day a violation continues is a separate
and distinct violation. The actions and
omissions of an employee or agent of a
proprietor are imputed “to be the act or
omission of such proprietor,” and, accordingly,
such proprietor is subjected to the same
penalty as if the proprietor committed the act or
omission.

36. What should businesses know?

37. What can businesses do?
• Promote the law to employees and visitors
• Develop a company tobacco policy
• Provide support to employees
• Be positive
• Implement and enforce
• Organize a transition committee

38. What can businesses do?
Promote Smoke Free Environments
• E-mail, memos, payroll stuffers, newsletters
• Meetings and in-service trainings
Train managers and key employees on the
smoke free law, including what to say to
visitors and other staff who want to smoke

39. What can businesses do?
Develop Company Policy
• Do you want to make your whole campus smoke free?
• Do you want to designate an outdoor smoking area?
• When and where can staff take smoke breaks?

40. What can businesses do?
Offer Support
• Offer support to employees who might have difficulty
with the transition
• Provide materials in the break room such as puzzles,
cards, checkers, magazines, exercise bike, treadmill,
etc.

41. What can businesses do?
Quit Smoking Programs
• Have resources and/or quit kits available
• Organize a worksite quit smoking group
It can be a formal group with a hired facilitator
It can be an informal support group

42. What can businesses do?
Be Positive
• Supportive management leads to:
• Less complaints
• More compliance
• Shorter adjustment period
• Focus on benefits

43. What should members of the public
know?
Complaints may be reported to:
• Local or state law enforcement agencies
• Local or state departments of health

44. How can I help people who want to
quit smoking?
 People who want to quit smoking may call the toll-free
Nebraska Tobacco Quitline at 800-QUIT-NOW. The
Quitline gives Nebraska residents around the clock
access to counseling and support services. Calls to the
Quitline are free.
 Local tobacco cessation programs may be available
across the state which may be helpful. For a list of
known programs, visit:
http://www.dhhs.ne.gov/tfn/ces/.

45. How can I find more information
about Nebraska’s smoke-free air law?
 Visit: www.smokefree.ne.gov