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Department of Defense

INSTRUCTION

NUMBER 1010.15

January 2, 2001




USD(AT&L)

SUBJECT:  Smoke-Free DoD Facilities

References: (a)  DoD Instruction 1010.15 "Smoke-Free DoD Workplace," March 7, 1994 is (hereby canceled)

(b)  Executive Order 13058, "Protecting Federal Employees and the Public From Exposure to Tobacco Smoke in the Federal Workplace," August 9, 1997

(c)  Secretary of Defense Memorandum, "Phase-in Period for Compliance with Executive Order 13058 at DoD Morale, Welfare, and Recreation (MWR) Facilities," December 7, 1990

(d)  DoD Instruction 6055.1, "DoD Safety and Occupational Health (SOH) Program," August 19, 1998

(e)  through (g), see enclosure 1

1.  REISSUANCE AND PURPOSE

This Instruction:

1.1 Reissues reference (a) to update responsibilities and procedures for smoke-free facilities for the Department of Defense under references (b) and (d).

1.2.  Reduces workplace hazards, improves working conditions, reduces costs, and furthers the occupational health goals of reference (d).

2.  APPLICABILITY AND SCOPE

This Instruction applies to:

2.1.  The Office of the Secretary of Defense, the Military Departments, the Chairman of the Joint Chiefs of Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Uniformed Services University of the Health Sciences, the Defense Agencies, the DoD Field Activities and all other organizational entities in the Department of Defense (hereafter referred to collectively as the "DoD Components").

2.2.  DoD military and appropriated and nonappropriated funded civilian personnel.

2.3.  Visitors, contractors and personnel of other Agencies and businesses that operate in or visit DoD facilities.

2.4.  Under Section 2(a) of E.O. 13058 (reference (b)), does not apply to indoor designated smoking areas in DoD facilities that are enclosed and exhausted directly to the outside, located away from air intakes, and maintained under negative pressure sufficient to contain tobacco smoke in the designated area.  Agency officials shall not require workers to enter such areas during normal business hours while environmental tobacco smoke (ETS) is present.

2.5.  Under Section 2(b) of reference (b), does not apply to any residential accommodations for persons voluntarily or involuntarily residing on a temporary or long-term basis in a building owned, leased, or rented by the Department of Defense.

2.6.  Under Section 2(c) of E.O. 13058 reference (b), does not apply to those portions of DoD-owned buildings that are leased, rented, or otherwise provided in their entirety to non-Federal parties.

2.7.  Under Section 2(d) of reference (b), does not apply to places of employment in the private sector or other non-Federal Government units where DoD employees or units are permanently or intermittently stationed.

2.8.  Under Section 2(e) of reference (b), requests for further limited and narrow exceptions that are necessary to accomplish Agency missions shall be forwarded through applicable channels to the Secretary of Defense for final action.

3.  DEFINITIONS

3.1 DoD Facility.  Any interior space owned, rented, or leased by the Department of Defense.

3.2.  Environmental Tobacco Smoke (ETS).  Also referred to as "secondhand" or "passive" smoke.  Exhaled and/or sidestream smoke emitted from smokers and the burning of cigarettes, cigars, and pipe tobacco.  A major source of harmful indoor air pollution, designated a "Class A carcinogen" by the Environmental Protection Agency (EPA), and known to cause respiratory illness and heart disease (refer to NIOSH CIB54 and the EPA Report, references (e) and (f)).

4.  POLICY

It is DoD policy, under references (b) through (d), that smoke-free DoD facilities be established to protect all DoD civilian and military personnel and members of the public visiting or using DoD facilities from the health hazards caused by exposure to tobacco smoke.

5.  RESPONSIBILITIES

5.1.  The Under Secretary of Defense For Acquisition and Technology shall oversee and review the implementation of this Instruction.

5.2.  The Heads of the DoD Components shall establish smoke-free facility policies and programs, in accordance with this Instruction.

6.  PROCEDURES

The DoD Components shall:

6.1.  Control worker exposure to ETS by eliminating smoking in DoD facilities.

6.2.  Designate "outdoor smoking areas," when possible, which are reasonably accessible to employees and provide a measure of protection from the elements.  Since ETS is classified as a "potential Class A carcinogen," exposure to ETS shall be reduced to the lowest possible concentration.  Smoke-break areas only should be outdoors and away from common points of ingress and/or egress into and/or out of the DoD facility and not in front of building air intake ducts.

6.3.  Prohibit indoor designated smoking areas unless exempted under Sections 2(a) through 2(d), or 2(e) of E.O. 13058 (reference (b)).

6.4.  Provide effective smoking cessation at all levels of commands and continue to expand the programs, as needed, as part of implementing restrictions.  Due to the highly addictive nature of tobacco, program emphasis shall be on primary prevention practices that motivates DoD personnel not to start smoking, as well as motivate users to quit smoking.  Anti-smoking education messages shall be provided to all personnel.  All smokers and high-risk personnel, such as those with chronic respiratory and cardiac conditions and those who are part of special occupational groups, such as asbestos workers, shall receive medical counseling about the risks of smoking.  Lectures, films, pamphlets, and other forms of health promotion shall incorporate the latest available medical research information on smoking, health, and treatment.

6.5.  Provide information on health risks posed by involuntary inhalation of ETS in health promotion education programs.  Before implementation of smoke-free DoD facilities, in accordance with this Instruction, implement the requirements in Chapter 71 of 5 U.S.C. (reference (g)).

7.  EFFECTIVE DATE AND IMPLEMENTATION

7.1.  This Instruction is effective immediately with the exception of morale, welfare, and recreation (MWR) facilities.  The Secretary of Defense Memorandum established the beginning of a 3-year phase-in period to provide MWR facilities, other than those that sponsor children's programs, time to implement renovations and procure equipment necessary to meet the requirements in paragraph 2.4., above.  Cognizant installation commanders using the phase-in program for MWR facilities shall maintain separate smoking and non-smoking areas.  At the end of that 3-year period, any facility that has not completed the facility changes necessary to establish the required special exhaust and smoke containment features in the designated smoking area shall be smoke free.

7.2.  Implementation shall be consistent with the "Federal Service Labor-Management Relations Act," Chapter 71 of 5 U.S.C. (reference (g)), status of forces agreements, and host-nation labor agreements affecting direct and indirect hire of foreign nationals working in DoD facilities outside the United States and its territories.  The provisions of existing collective bargaining agreements shall be honored and the DoD Components shall consult with employee labor representatives about implementation of this Instruction.

Signed by:  David Oliver, Principal Under Secretary of Defense for Acquisition, Technology, and Logistics

Enclosures - 1

E1.  References, continued

E1.  ENCLOSURE 1

REFERENCES, continued

(e)  National Institute for Occupational Safety and Health (NIOSH) Current Intelligence Bulletin (CIB) 54, "Environmental Smoke in the Workplace," June 3, 1991

(f)  Environmental Protection Agency (EPA) Report, "Respiratory Health Effects of Passive Smoking:  Lung Cancer and Other Disorders," December 1992

(g)  Chapter 71 of title 5, United States Code