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Mizzou HSP_MGMT 1133 - Smoking Laws
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Hsp_Mgmt 1st Edition Lecture 15 Outline of Last Lecture I. Examples of specific ADA situations:Outline of Current Lecture II. Smoking/tobacco and the legal systema. ADA laws with smokingb. MO Smoking lawsi. Designated Smoking Areasc. Columbia local smoking lawsd. Pros and Cons of smoking lawse. Smoking and employmentCurrent Lecture:Smoking/Tobacco use and the legal systemSmoking and the ADA-how does it apply?- Smoking isn’t protected under ADA- Second hand smoke diseases can be protected under ADA; ex: Asthma Dangerous product litigation against the tobacco industryMissouri smoking law-Indoor clean air act- passed in 1991"Designated smoking areas" (DSA)- Business can designate an area for people to smoke; can’tbe more than 30% of the entire floor spaceWho covered?- All public places and all public meetings- any enclosed area that serves as a place of work; ex: hotels, restaurants, bars, etcThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.Who exempt?- Restaurants that seat less than 50 people- Bars- defined as a place that has at least 90% of its revenue due to alcohol sales- Pool halls, bowling alleys- A room where a private social event is being held- Hookah bars- if 50% of their sales is due to tobacco productsHow directive?- Not supposed to be any smoking in a public place unless its in a DSA- Doesn’t require installation of a ventilation system- If business wants to ban smoking in their facility they can What penalty?- Infraction- something that you don’t go to jail for but you can pay a fine for itWho penalized?- Person who smokes where they’re not supposed to- Business owner that allows smoking where they are not supposed toLocal laws on smoking: City of Columbia ordinance- History- Columbia’s local smoking law was passed in October of 2006 to go into effect in Jan of 2007How different from state law?- A lot more restrictive than state law- Como’s law says how close to the entrance of a building you can smoke - Doesn’t exempt small restaurants and bars, but it does exempt restaurants with a patio- they can smoke on the patio in a section that a non-smoker would not have to walk throughLegal and economic issues with smoking bans-Public health vs Property rights Does it hurt or help business? What arguments on each side?PRO in favor of bans- (personal opinions)CON against bans- Fewer people are going out and they’re spending less money, so less revenues for the business and less city sales tax collection- Attendance effect/revenue effectMiscellaneous-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 otherwise disadvantage any individual, with respect to compensation, terms or conditions of employment because the individual uses lawful alcohol or tobacco products off the premisesof 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 reliefWorkers compensation and smoking- if you have a smoking related illness because of second hand smoke at work, you can collect workers compensation for


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Mizzou HSP_MGMT 1133 - Smoking Laws

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