Sec. 01.01.1992.20. Executive Agency Policy on Smoking

A. Smoking Policy. To provide a healthful environment in buildings and vehicles occupied by State of Maryland agencies and employees, all employees, clients, and visitors are expected to comply with the following:

(1) Smoking Prohibited. Except as provided in §A(3)(a), smoking or carrying any lighted tobacco product is prohibited in all State buildings and facilities, in all space leased or rented by the State, and in government operated shuttle buses.

(2) State Vehicles. State employees are strongly encouraged to refrain from smoking in State vehicles and may not smoke when other nonsmoking passengers are present in the vehicle.

(3) Facilities Housing Clients, Patients, Inmates, and Wards of the State.

(a) A State official or employee in charge of a State facility may prohibit or limit smoking by residents of the facility if:

(i) The prohibition or restriction promotes fire safety, the protection of the health of employees, or otherwise contributes to the proper management of the facility; and

(ii) The prohibition or restriction is consistent with the safety and welfare of the residents, employees, or visitors.

(b) The State official or employee in charge of a State facility shall make reasonable accommodation for an employee who objects to working in an area where smoking by residents is permitted.

(4) Leased Housing. This order does not apply to any structure located on State property that is leased or rented as a residence to a State employee or other individual who is not the responsibility of the State.

(5) Legislative and Judicial Branches of State Government. This order does not apply to the ground and first floor of the State House and spaces assigned to the legislative and judicial branches of government. However, the legislative and judicial branches are called on to establish smoke free environments in those work spaces.

B. Implementation and Enforcement of Smoking Policy.

(1) Smoking Policy Implementation Committee. The Secretary or Director of each department or agency, including all Boards, Commissions, Departments, and State Colleges and Universities, shall establish a Smoking Policy Implementation Committee.

(2) Implementation of the Smoking Policy. The Smoking Policy Implementation Committee shall develop procedures for making employees and clients aware of the policy and for providing information on smoking cessation programs to smokers who wish to quit.

(3) The Department of Personnel shall coordinate and offer smoking cessation classes throughout the State under the Club Maryland Program.

(4) Enforcement of Smoking Policy.

(a) All employees share in the responsibility for adhering to and enforcing this policy, and have the responsibility for bringing it to the attention of visitors. Each agency or department shall designate an individual in the personnel unit to address any conflicts that may arise.

(b) An employee found to be in noncompliance shall:

(i) For a first offense, be directed to the personnel unit for counseling on the provisions of this Executive Order and referral to the Wellness Program;

(ii) For a second offense, be required to attend a smoking education program offered by Club Maryland;

(iii) For a third offense, receive a written reprimand; and

(iv) For a fourth or subsequent offense, be disciplined in accordance with State progressive discipline procedures.

(c) Employee or client concerns about their treatment under this policy or problems arising from the implementation of this policy shall be resolved by the personnel unit designee with the advice and assistance of the Smoking Policy Implementation Committee. In the development of specific guidelines or the resolution of specific problems relating to the State's nonsmoking policy, the Committee shall give priority to the needs of nonsmokers.

Effective date: October 1, 1992 (19:20 Md. R. 1796)