Non-Smokers Protection Act Marks One Year Milestone

Today, Tennessee Department of Health Commissioner Susan R. Cooper, MSN, RN, joined elected officials and public health advocates in marking the first anniversary of enforcement of the Non-Smokers Protection Act, which began October 1, 2007. The Act, which was a centerpiece of Governor Phil Bredesen’s 2007 legislative agenda, prohibits smoking in all enclosed public places within the State of Tennessee with only a few exceptions.

“I’m pleased to celebrate the first anniversary of this important and historic legislation, which is protecting the health of Tennesseans by preventing exposure to secondhand smoke in the workplace by employees and patrons alike,” said Bredesen.

Both the Tennessee Department of Health and the Tennessee Department of Labor and Workforce Development have authority to enforce the law. The Department of Health enforces the law in establishments it inspects. Among them are restaurants; public and private educational dining facilities; health care facilities; hotels, motels and bed and breakfast facilities; organized camps; and tattoo and body piercing parlors. The Department of Labor and Workforce Development enforces the law in establishments it inspects including manufacturing facilities; construction sites; convenience and grocery stores; retail stores and shopping malls; sports arenas, including enclosed public areas in outdoor arenas; and child care and adult day care facilities.

“While we celebrate this milestone with the numerous legislators, health advocates and public health supporters who championed this cause, we know at the heart of the smoking ban is improved health and protection for the 75 percent of Tennesseans who do not smoke,” said Cooper. “We are especially proud of the progress we have made in the past year, and we look forward to continued compliance with the law.”

Those who knowingly violate the ban do face penalties. An individual who knowingly smokes in an area where smoking is prohibited is subject to a civil penalty of $50. A business that knowingly fails to comply with the requirements of the act is subject to a written warning from the Department of Health or the Department of Labor and Workforce Development for a first violation in a 12 month period; a civil penalty of $100 for a second violation in a 12 month period; and a civil penalty of $500 for a third or subsequent violation in a 12 month period.

Since the ban went into effect, of the 20,000 establishments the Department of Health inspects annually, only 145 have received warning or penalty letters. Of these establishments, seven received fines. During the same period, the Department of Labor and Workforce Development has issued 538 warning or penalty letters and issued one fine.

Violations of the Non-Smokers Protection Act can be reported via the Internet at http://health.state.tn.us/smokefreetennessee/ or by calling 1-800-293-8228. Information will then be routed to the appropriate department for handling.

Interest in quitting tobacco use continues to be strong since the ban went into effect in October 2007. Approximately 7,600 of the 14,000 calls received to the Tennessee Tobacco QuitLine in 2007 were received October through December. So far in 2008, more than 5,200 people have called the QuitLine for more information or for assistance with tobacco addiction. For those interested in quitting tobacco use for good, call the Tennessee Tobacco QuitLine at 1-800-QUIT-NOW (1-800-784-8669).

For more information about the Non-Smokers Protection Act, visit the Department of Health Web site at http://health.state.tn.us/smokefreetennessee/.