SMOKE-FREE RESTAURANT AND WORKPLACES
FACT SHEET
“Death by cigarette smoke should
not be a condition of employment”
Jack Henning and Tom Rankin (California Labor Federation)
Secondhand smoke is the third leading cause of preventable
death in the United States killing over 50,000
nonsmokers each year. “For every eight smokers the
tobacco industry kills, they take one nonsmoker with them.”
(Glantz, S.A. & Parmley, W. AHA Circulation, 1991:83:1-12;
and Taylor, A., Johnson, D. & Kazemi, H. AHA Circulation, 1992:699-702)
The evidence on the dangers of secondhand smoke is well-known,
especially for food service employees. According to a study published
in the Journal of the American Medical Association, “Environmental
tobacco smoke is a significant health hazard for food service workers.
To protect these workers, smoking in restaurants and bars should
be prohibited.” (M. Siegel, M.D., M.P.H., “Involuntary
Smoking in the Restaurant Workplace,” Journal of the American
Medical Association, July 1993:270:4)
The California State Legislature passed Labor Code 6404.5 (Assembly
Bill 13) also known as the California Smoke-Free Workplace Act in
1994 making all restaurants and nearly all other workplaces 100%
smoke-free. Labor Code 6404.5 took effect in restaurants and other
workplaces January 1, 1995 and in bars and casinos on January 1,
1998. (California State Legislature in August 1994 passed California
Smoke- Free Workplace Act. Implemented January 1, 1995 and BREATH—The
California Smoke-Free Bars, Workplaces and Communities Program)
88.7% of Californians agree that all indoor work
sites should be smoke-free. (1997, California Adult Tobacco
Survey, CDHS)
After the California Smoke-Free Workplace Act went into effect,
final Taxable Sales Figures from the California
Board of Equalization for 1997 showed annual taxable sales reported
by owners of establishments that sold beer and wine (including restaurants)
were $7.1 billion dollars for that year. In 1998, sales for these
establishments increased to $7.6 billion dollars. By the third quarter
of 1999, they had jumped to $8.7 billion dollars. (California Board
of Equalization, November 1999)
Hundreds of American cities and counties have enacted smoke-free
clean indoor air ordinances protecting employees and the public
from the deadly results of secondhand smoke. In addition, the states
of California, Maryland, Utah, and Vermont have statewide laws prohibiting
smoking in workplaces including restaurants. (BREATH—The California
Smoke-Free Bars, Workplaces and Communities Program and American
Nonsmokers’ Rights Foundation 2001)
BREATH --The California Smoke-Free Bars, Workplaces
and Communities Program
A Statewide Project of the American Lung Association
of the East Bay and
For More Information Contact BREATH (1-800-622-2829)
E-Mail: breath @jps.net
This material was made possible by funds received
from the Tobacco Tax Health Protection Act of 1988—
Proposition 99, under Grant # 00-90379 with the
California Department of Health Services,
Tobacco Control Section.
Rev.01/02
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