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Mizzou HSP_MGMT 1133 - HSP1133Lect13-Mar3

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HRM 1133-September 26th 2012Smoking/Tobacco use and the legal system- Smoking and the ADA-how does it apply?o Is nicotine addiction a disability under the ADA? NO o Is someone with asthma or breathing issue a disability? YESo Second-hand smoke disability? YES- Dangerous product litigation against the tobacco industryo 1980, lawsuits against tobacco industry began being filed o Late 90’s people started wining lawsuits o Now there’s limitations on where cigarettes can be advertised - New Federal smoking rules under healthcare reformo Affordable Care Act—checking whether or not people are smokerso Providing nicotine addiction prevention State/local laws on smoking—Report card- Missouri smoking law not very strict—received D/F- Factors to considero Who covered?o Who exempt? bars o How directive? Do they have to install equipmento What penalty? Jail sentence, fineo Who penalized? Person who smokes where aren’t supposed to or people who aren’t regulating Missouri smoking law-Indoor clean air act "Designated smoking areas" DSA’s (Designated Smoking Area)Casinos: not allowed to have a smoking area of more than 30% 191-765Health and WelfareBar—a place that serves liquor for consumption on the premises that has at least 90% of its growth sales due to liquor sales- Black and Gold bar on Business Loop- Shiloh and Harpos too much food sales to qualify as Bar and be totally exemptSmoking—possession of burning tobacco in a form of a cigarette, cigar, pipe- E-cigarettes aren’t covered under this Missouri law (according to Langford)o It is not burning tobacco191-767“A person shall not smoke in a public place or public meaning besides smoking areas”- no public place shall have more than 30% of entire floor space (looking at total square feet) be a DSA191-769 Areas exempt from the law:- entire room or hall used for private social functionso ex. Rent out a room at Holiday Inn for wedding reception—can allow guests to smokeo Limosine or cab hired—can allow smokingo performers on a stage—can allow smokingo a place that sell tobacco—can allowo barso restaurants that seat less than 50 peopleo private homes191-771Strategically place designated smoking areas- avoid conflict with non-smokers- law does not require the business to install ventilation system- isolate the area to the best extent possible191-773Penalties for law violation:- infraction (can’t go to jail)- 2 people—smoking where you are not supposed to be smoking or if you are allowing others to smoke where they are not allowed to be smokingLocal laws on smoking- City of Columbia ordinance-Historyo Passed on October 2006 o Made effective in January 2007o Over 200 people that showed up to talk about ito Passed that there is no smoking in restaurant or bar, unless on patio areao No more than 50% of patio area can be smoking area o Can’t smoke within 20 yards of restaurant/businesso Private clubs are exempt from this law - How different from state law?o a lot more strict/prescriptiveo Columbia law has a restriction on smoking within 20 feet of the entrance of a buildingo Columbia law says that there is no smoking at any indoor business—does not exempt small restaurants and bars UNLESS there is a patio—only waycan be allowed smoking under local lawo If you are a private club in existence prior to Oct 2006 you are exempt from this lawLegal and economic issues with smoking bans-Public health vs Property rights Does it hurt or help business? What arguments on each side?- PRO:o Treats everybody the same - CON:o Potentially hurts revenue o Against freedom of choice o Smoking ban we have now tends to prefer restaurants with patios Discussion of Kansas City v Carlson (Smoking case)- Violated state constitution Miscellaneous-Smoking and employmentMo law 290.145. It shall be an improper employment practice for an employer to refuse to hire, or to discharge, any individual, or to otherwisedisadvantage any individual, with respect to compensation, terms or conditions of employment because the individual uses lawful alcohol or tobacco products off the premises of the employer during hours such individual is not working for the employer, unless such use interferes with the duties and performance of the employee, the employee's coworkers, or the overall operation of the employer's business; except that, nothing in this section shall prohibit an employer from providing or contracting for health insurance benefits at a reduced premium rate or at a reduced deductible level for employees who do not smoke or use tobacco products. Religious organizations and church-operated institutions, and not-for-profit organizations whose principal business is health care promotion shall be exempt from the provisions of this section. The provisions of this section shall not be deemed to create a cause of action for injunctive relief, damages or other reliefSmoking and OSHA- Permissible exposure levels and ETS (Environmental Tobacco Smoke) -Workers compensation and smoking- Exposed to second hand smoke due to their job, and they got


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