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Rules on Smoking - Too Strict?

But until the choice is put back into the hands of individual employers I guess we'll never know. And of course air quality was already monitored and regulated by existing health and safety regulations in any work place, so I don't see what the real problem is.

But that's the problem right there. OSHA and other occupational safety departments have specifically chosen not to enforce pre-existing regulations when the hazard which violates those regulations is second-hand smoke. It is the prospect of doing exactly what you suggest - monitoring and regulating existing health and safety regulations - which will do away with second hand smoke even if no additional laws are in place about when and where people can smoke. You can state that people can smoke wherever they want, whenever they want, as long as existing health and safety regulations aren't violated and it will lead to the exact same result. An effective ban on smoking in indoor spaces. Getting rid of anti-smoking laws won't do you any good.

Now, I don't care if you want to put your effort towards giving it a try anyways. I'm just pointing out that you have no reason to expect that it will alter the situation. You still won't be able to smoke indoors.

Even if I had an indoor public space environment where I allowed people to smoke which didn't exceed the 'toxic' levels legislated for, it would still be illegal, so it's not really about air quality is it.

As for your curiosity as to whether employers would go to such lengths to accommodate people's requirements, the historic precedent is that responsible employers always made efforts to comply with the law and their staff's opinions. It is true that even if the employer was given the choice, he may not take up the idea, I wouldn't have any objection to his decision and I don't think that majority of free minded responsible smokers would either. :)

Like I said, I wouldn't be surprised if some employers gave it a try, but once they discover the considerable resources it will take to be successful, now that OSHA or whoever is no longer turning a blind eye, how far can you really expect that effort to extend?

It is really worth your time and money to fight to make it legal to ride a push bike to the moon?

Linda
 
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So if there are smokers there, and then someone else needs to enter or exit the building, then... what? Everybody shuffles over so one person can get through?

To address this, maybe a diagram would help.



The black is the building. The blue line is the doors. The gray pad is covered by the awning. The dark green is bushes, the light green is grass.

The red X is where the smokers [used to] stand. Away from the door, but still under the awning. Nobody had to jiggy-dance through people and smoke to get to the doors.
 
But that's the problem right there. OSHA and other occupational safety departments have specifically chosen not to enforce pre-existing regulations when the hazard which violates those regulations is second-hand smoke. It is the prospect of doing exactly what you suggest - monitoring and regulating existing health and safety regulations - which will do away with second hand smoke even if no additional laws are in place about when and where people can smoke. You can state that people can smoke wherever they want, whenever they want, as long as existing health and safety regulations aren't violated and it will lead to the exact same result. An effective ban on smoking in indoor spaces. Getting rid of anti-smoking laws won't do you any good.
A hazard is a hazard whether it's cigarette smoke or any other introduction of pollutant into the workplace atmosphere. If the authorities didn't enforce regulations in relation to smoking that is the issue that should have been dealt with. But as attitudes toward smoking were already changing and smokers were becoming aware of how their habit affected non smokers (long overdue IMO), there was already a natural move towards self regulated measures which could have been encouraged by authorities in order to move both smokers and non smokers into a mutually respectful position instead of polarising the two groups as we see in this thread that I'm not getting involved in.
And I'm not actually talking about getting rid of anti-smoking laws.
I think that regulation is necessary to ensure the rights of everyone, but whilst it remains illegal to operate a public smoking area where the air falls well within the legal toxin levels, It's not really about air quality.

Now, I don't care if you want to put your effort towards giving it a try anyways. I'm just pointing out that you have no reason to expect that it will alter the situation. You still won't be able to smoke indoors.
It's illegal to give it try.

Like I said, I wouldn't be surprised if some employers gave it a try, but once they discover the considerable resources it will take to be successful, now that OSHA or whoever is no longer turning a blind eye, how far can you really expect that effort to extend?
I would expect it to extend to how ever far the individual employer saw fit to extend it, which could be from not considering it at all to putting full resources into it. At the moment as it's illegal, that choice would be a pipe dream but smoking pipes indoors is illegal too.

It is really worth your time and money to fight to make it legal to ride a push bike to the moon?
My point is that there is no need to make it illegal to ride a pushbike to the moon in the first place and if anyone tried to make it illegal, that is where the waste of time and money would be.

ETA: *must not get involved in another smoking thread, must not get involved in another smoking thread, must not get involved.... damn it!!!
Sorry, i forgot my punchline.
 
A hazard is a hazard whether it's cigarette smoke or any other introduction of pollutant into the workplace atmosphere. If the authorities didn't enforce regulations in relation to smoking that is the issue that should have been dealt with.

I suspect that's what the smoking bans were for.

But as attitudes toward smoking were already changing and smokers were becoming aware of how their habit affected non smokers (long overdue IMO), there was already a natural move towards self regulated measures which could have been encouraged by authorities in order to move both smokers and non smokers into a mutually respectful position instead of polarising the two groups as we see in this thread that I'm not getting involved in.

Well, there isn't really any incentive for this. There is no good reason to work towards making the situation comfortable for smokers, as there's no good reason to encourage accommodation towards the habit. After all, it puts governments under considerable additional expense and loss (regulatory, morbidity, mortality, lost productivity, etc.) to have it around in the first place.

And I'm not actually talking about getting rid of anti-smoking laws.
I think that regulation is necessary to ensure the rights of everyone, but whilst it remains illegal to operate a public smoking area where the air falls well within the legal toxin levels, It's not really about air quality.

I agree.

It's illegal to give it try.

I meant try to change the laws. Hopefully that isn't illegal. :)

I would expect it to extend to how ever far the individual employer saw fit to extend it, which could be from not considering it at all to putting full resources into it. At the moment as it's illegal, that choice would be a pipe dream but smoking pipes indoors is illegal too.

My point is that there is no need to make it illegal to ride a pushbike to the moon in the first place and if anyone tried to make it illegal, that is where the waste of time and money would be.

Way to miss the point, dude. :)

Linda
 
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To address this, maybe a diagram would help.

[qimg]http://www.internationalskeptics.com/forums/imagehosting/424124d4ac52aa4589.bmp[/qimg]

The black is the building. The blue line is the doors. The gray pad is covered by the awning. The dark green is bushes, the light green is grass.

The red X is where the smokers [used to] stand. Away from the door, but still under the awning. Nobody had to jiggy-dance through people and smoke to get to the doors.

So, what stops the smoke from drifting across in front of the door? With walls on two sides sheltering it, I'd expect smoke to build up in the corner with the X, and diffuse across.
 
I was thinking of the paper you or Stray Cat referenced in a previous thread where a bar owner made a concerted effort to put in an adequate system to allow for a smoking room and the results were measured and compared with relatively non-smoking facilities. And what was found was not just that the 'non-smoking' areas of the bar/restaurant exceeded safe levels of respirable particles (which was to be expected), but that the relatively non-smoking shopping mall also exceeded these levels. By virtue of having a (seemingly isolated) restaurant within the mall which allowed smoking and a crowd of smokers outside the food court doors, respirable particles where introduced into the ventilation at an excessive concentration.
I can't recall that paper but I will go back to the old thread and find it.

I'm not convinced that a smoking room would violate air quality standards. In the example of carbon monoxide I gave in post #106 showed that CO levels in smoky environments did not exceed EPA safe levels.

Then there is the question of 'safe levels', how they are set, and for whom? Why should the standard be the same for everyone? Fluoride is added to water in some parts of the world, despite the fact that some people are more sensitive to fluoride than others. Fluoride is a powerful toxin and yet it is still added to drinking water, albeit in small amounts. Perhaps that example is a straw man, but I think it illustrates an inherent hypocrisy in trusting the authorities to advise on the safe level of fluoride for everyone, and yet in the same breath accept the words of the US Surgeon General Richard H Carmona when in 2006 he said "there is no risk free level of exposure to secondhand smoke". Presumably, by the same logic, there is no risk free level of exposure to any chemical, including fluoride, because everything is toxic in sufficient quantities.

I realize this sucks, but let's say an employer sets up a room with a fan or vent. An employee just has to complain about smelling smoke in the rest of the building a few times, in order to inspire testing, and the employer will eventually have to deal with failed air quality tests. It seems reasonable to guess that they will decide pretty quickly that the costs (such as fines and equipment installation) are just not worth it.
But in that case, why not let existing legislation (over here the Control of Substances Hazardous to Health Regulations 2002 (COSHH)) deal with that? There's no need to make it illegal for employers from providing indoor space for smokers in order to control air quality because we already have powers to ensure workplace air quality standards. If an employee complains, then the COSHH will mean that the employer has to get the air quality tested. If he fails then he closes his smoking room.

I don't disagree with that last bit. It's just that we seemed comfortable with the chosen level of protection until it turned out that second-hand smoke violated it.
But see above.
 
............. as we see in this thread that I'm not getting involved in.
giggle.gif


ETA: *must not get involved in another smoking thread, must not get involved in another smoking thread, must not get involved.... damn it!!!
Sorry, i forgot my punchline.
Only one, but the bulb must really want to quit...... :rolleyes:
 
After all, it puts governments under considerable additional expense and loss (regulatory, morbidity, mortality, lost productivity, etc.) to have it around in the first place.
£10 billion per year in tax revenue and rising seems like quite a lot of 'additional expense' that the UK Government wouldn't want to do without. This tax more than covers the £5 billion per year the NHS spends treating smoking-related disease leaving plenty leftover for the Chancellor to spend on other things.

Which is of course why governments don't ban tobacco, but raise tax by just the amount that the market can bear without any significant fall in sales. Governments want people to stop smoking... call me cynical but, yeah, right.... :rolleyes:
 
I meant try to change the laws. Hopefully that isn't illegal. :)
In the Netherlands, the law has been changed. Smoking is now allowed in drinking establishments where the owner(s) do not employ any other staff. So it's not about enforcing a certain 'safe' level of air quality on everyone, it's about choice and agreement. That family-run bars in the Netherlands can be smoky implies that the owners agree to work in an environment that may exceed safe levels of certain particulates.

By the same logic, why can't a potential employee sign a waiver saying they agree to work in a smoky environment and accept the risks inherent in doing so?
 
And yet I have, with no ill effects.

Your point being...?

Michael

His point was that black people are dangerous by virtue of being a black person, which inherently makes them more dangerous. Or something. Whatever it was, it wasn't a very good attempt at proving me wrong.
 
I can't recall that paper but I will go back to the old thread and find it.

I'm not convinced that a smoking room would violate air quality standards. In the example of carbon monoxide I gave in post #106 showed that CO levels in smoky environments did not exceed EPA safe levels.

The paper specifically measured respirable particles, which are particles small enough to get into the lungs and bloodstream and cause health problems due to sort of mechanical/local effects, which includes chronic bronchitis and cancer. Of course there are many, many more substances in second-hand smoke, many of which are carcinogens. Many of those substances, such as carbon monoxide, can also be fairly easily measured to determine whether they are sufficient to pose a health risk. Now, because second-hand smoke tends to fail the respirable particles test, the rest don't really matter. But conversely, just because second-hand smoke passes some of the tests, doesn't mean that it is safe. Even if it passed the tests for CO, nicotine, respirable particles, formaldehyde, benzene, etc. you still have to deal with the problem that there are many other carcinogens present - some of which we've identified and some where we have a decent idea about safety thresholds, but some that we haven't. We can't simply use ignorance to set safety levels ("what you don't know won't hurt you") because we already know that cigarette smoke causes cancer. This is, it's not a case of assuming everything is harmful until proven otherwise, but of dealing with something which is proven harmful. We can try to use epidemiological studies to get some idea about the dose which is associated with harm. And even if you want to argue about whether we are confident that the studies are adequate to prove a specific level of harm, it is unarguable that they do not prove that typical doses are safe.

However, most of this is moot, since indoor smoking usually fails at least one of the more straightforward standards anyway.

Then there is the question of 'safe levels', how they are set, and for whom?

Well, if you are truly ignorant of this process, you could spend some time reviewing the reports from various boards charged with health and safety. I gave a link earlier to the Report on Carcinogens. If you click on any of the substances, you can read through the summary which answers those questions (and much more) for each substance, as well as providing references to the available research. You can usually find reports from similar departments in other countries. The results are much the same, since the same information will be used.

Why should the standard be the same for everyone? Fluoride is added to water in some parts of the world, despite the fact that some people are more sensitive to fluoride than others. Fluoride is a powerful toxin and yet it is still added to drinking water, albeit in small amounts. Perhaps that example is a straw man, but I think it illustrates an inherent hypocrisy in trusting the authorities to advise on the safe level of fluoride for everyone, and yet in the same breath accept the words of the US Surgeon General Richard H Carmona when in 2006 he said "there is no risk free level of exposure to secondhand smoke". Presumably, by the same logic, there is no risk free level of exposure to any chemical, including fluoride, because everything is toxic in sufficient quantities.

No, that's not it. It should be obvious that the information we have on a single substance is much more exact than what we have on dozens to hundreds of substances which are present in second-hand smoke which vary widely according growing, manufacturing, and presentation conditions. The information we have is simply inadequate to tell us what the risk-free level of exposure is for that particular conglomeration of substances. And it behooves us to have excellent information on fluoride because we are interested in using it. There is little incentive to gather excellent information on cigarette smoke at this point, as outside of addicts and those who profit from them, there really is no interest in accommodating its use. The most useful information to have is how to mitigate its harm.

But in that case, why not let existing legislation (over here the Control of Substances Hazardous to Health Regulations 2002 (COSHH)) deal with that? There's no need to make it illegal for employers from providing indoor space for smokers in order to control air quality because we already have powers to ensure workplace air quality standards. If an employee complains, then the COSHH will mean that the employer has to get the air quality tested. If he fails then he closes his smoking room.

Like I said, I have no problem with that. But assuming that you aren't only looking for a victory on principles, that you would also like a place to go and smoke, that the end result will still be the employer closing her/his smoking room means you haven't gone anywhere.

Linda
 
His point was that black people are dangerous by virtue of being a black person, which inherently makes them more dangerous. Or something. Whatever it was, it wasn't a very good attempt at proving me wrong.

I know. Any logical person can see that.

I was just wondering what his/her response would be.

Michael
 
In the Netherlands, the law has been changed. Smoking is now allowed in drinking establishments where the owner(s) do not employ any other staff. So it's not about enforcing a certain 'safe' level of air quality on everyone, it's about choice and agreement. That family-run bars in the Netherlands can be smoky implies that the owners agree to work in an environment that may exceed safe levels of certain particulates.

By the same logic, why can't a potential employee sign a waiver saying they agree to work in a smoky environment and accept the risks inherent in doing so?

I asked earlier for a justification as to why some employees should be exempt from protection. And I think the argument for employer-only establishments can be justifiable. In general, we do let people make stupid decisions for themselves. We do not let them make stupid decisions for others, especially vulnerable others. An employer isn't subject to coercion in the way that an employee would be. Realistically, I see no reason to expect that an employee wouldn't be fed the same misinformation that you have accepted in support of your position. And it really isn't fair that in this case, an employee is expected to be an expert in public health in order to have their needs met, whereas in any other occupation, they can be wholly ignorant and still obtain the benefit of health.

It will probably depend upon a large cadre of food/beverage service employees campaigning against health to be persuasive (i.e. that it isn't driven by self-serving employers and misinformation).

Linda
 
£10 billion per year in tax revenue and rising seems like quite a lot of 'additional expense' that the UK Government wouldn't want to do without. This tax more than covers the £5 billion per year the NHS spends treating smoking-related disease leaving plenty leftover for the Chancellor to spend on other things.

Which is of course why governments don't ban tobacco, but raise tax by just the amount that the market can bear without any significant fall in sales. Governments want people to stop smoking... call me cynical but, yeah, right.... :rolleyes:

That's a good point. This wouldn't directly be an incentive to the 'authorities' we were talking about (those involved in forming health and safety regulations), but indirectly...

Linda
 
I suspect that's what the smoking bans were for.
Because H&S departments weren't doing their job properly?

Well, there isn't really any incentive for this. There is no good reason to work towards making the situation comfortable for smokers, as there's no good reason to encourage accommodation towards the habit. After all, it puts governments under considerable additional expense and loss (regulatory, morbidity, mortality, lost productivity, etc.) to have it around in the first place.
Governments make money from tobacco taxes (see figures quoted).
A smoker's reported shorter life expectancy means they are less drain on pensions and old age related support and services on the whole.

But it's regularly used as an excuse.

I meant try to change the laws. Hopefully that isn't illegal. :)
Not in the UK yet... but I'm sure of they could find a way... ;)

Way to miss the point, dude. :)
If you think that, it's because you missed mine. :)



*must not get involved in another smoking thread, must not get involved in another smoking thread, must not get involved.... damn it!!!
 

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