NUMBER:                                    475

SUBJECT:                                   Non-Smoking Policy

AUTHORIZING BODY:                  Vice President for Finance & Administration

RESPONSIBLE OFFICE:              Environmental Health & Safety

DATE ISSUED:                            February 1990 

LAST UPDATE:                           April 2011

RATIONALE:   The University recognizes that tobacco use and exposure to secondhand smoke is a significant health hazard.  Tobacco smoke has been identified as a Group A carcinogen (cancer-causing agent) and studies have shown that there is no safe level of exposure to tobacco smoke. 

This policy is established to promote public health and to provide for Oakland University's compliance with the Michigan Indoor Clean Air Act (P.A. 1986, No. 84, MCLA 333.12616 et.seq.); P.A. 368 of 1978 as amended, MCLA 333.12905, concerning eating establishments; Sec. 20 of P.A. 227 of 1967, MCLA 408.820, concerning elevators; and Michigan’s Dr. Ron Davis Law, MCLA 333.12603 et seq..

POLICY:   Smoking is prohibited in all University owned or operated buildings and within 50 feet of all University owned buildings.  Smoking is also prohibited in all University owned vehicles. 

SCOPE AND APPLICABILITY:   This Policy applies to all University faculty, students, staff, contractors, vendors and visitors and applies to all University owned or operated property except for the private residences in the Meadow Brook Subdivision, the Meadow Brook Music Festival, Meadow Brook Hall, and the Oakland University Golf and Learning Center which are authorized to adopt their own policies concerning smoking so long as they are in conformity with state law.

DEFINITIONS:

“Building” means all enclosed, indoor areas owned or operated by Oakland University.

"Smoking” means the burning of a lighted cigar, cigarette, pipe or any other matter or substance that contains a tobacco product. 

“Tobacco product” means a product that contains tobacco and is intended for human consumption, including, but not limited to, cigarettes, non-cigarette smoking tobacco, or smokeless tobacco.

PROCEDURES:    

1. All employees share in the responsibility for adhering to this policy and should ask individuals smoking in violation of this act to refrain from smoking and, if the individual continues to smoke in violation of the policy, ask him or her to leave the public place.
2. “No Smoking” signs or the international “no smoking” symbol shall be clearly and conspicuously posted according to law and following the guidelines of the Michigan Department of Public Health.

3.   Enforcement of this policy is the responsibility of all.  Existing disciplinary policies may be used as appropriate.

A. Complaints involving smoking by a student may be made to the supervisor of the area or activity in which the alleged violation occurred or to the Dean of Students Office, 144 Oakland Center, 248-370-3352.

B. Complaints involving smoking by staff should be made to the staff member's supervisor.

C. Complaints involving faculty should be made to the faculty member’s dean or director.

D. The Dean of Students, supervisor, dean or director will investigate and take any needed action to resolve the issue.

E. Persons violating this policy will be subject to discipline as with other violations of University policies, regulations, and rules. State law also provides for a civil fine of not more than $100 for a first violation and a fine of no more than $500 for a second or subsequent violation of the Michigan Indoor Clean Air Act (MCLA 333.12601 et. seq.).

For assistance in interpreting this policy, please contact the Office of Environmental Health and Safety at (248) 370-4196.

RELATED POLICIES AND FORMS: 

RATIONALE:  The University recognizes that Tobacco use and exposure to secondhand smoke is a significant health hazard. Tobacco smoke has been identified as a Group A carcinogen (cancer-causing agent) and studies have shown that there is no safe level of exposure to Tobacco smoke.

This policy is established to promote public health and to provide for Oakland University's compliance with the Michigan Indoor Clean Air Act (P.A. 1986, No. 84, MCLA 333.12616 et.seq.); P.A. 368 of 1978 as amended, MCLA 333.12905, concerning eating establishments; Sec. 20 of P.A. 227 of 1967, MCLA 408.820, concerning elevators; and Michigan’s Dr. Ron Davis Law, MCLA 333.12603 et seq.

POLICY:  Smoking is prohibited on all University owned or operated Campuses and Grounds, and in all University owned or operated Buildings and vehicles.

SCOPE AND APPLICABILITY:  This Policy applies to all University faculty, students, staff, contractors, vendors and visitors, and applies to all University owned or operated property except for the private residences in the Meadow Brook Subdivision.

DEFINITIONS:    

Building means all enclosed, indoor areas owned or operated by Oakland University.

Campuses means any physical site owned or operated by Oakland University.

Grounds means property owned and/or operated by Oakland University.

Smoking means the burning of a lighted cigar, cigarette, pipe or any other matter or substance that contains Tobacco.

Tobacco means a product that contains Tobacco and is intended for human consumption, including, but not limited to, cigarettes cigars, pipes, and other non-cigarette Smoking Tobacco.

PROCEDURES:   

1. All employees share in the responsibility for adhering to this policy and encouraging others to do so.


2. "No Smoking” signs or the international “No Smoking” symbol shall be clearly and conspicuously posted according to law and following the guidelines of the Michigan Department of Public Health.


3. Enforcement of this policy is the responsibility of all.  Existing disciplinary policies may be used as appropriate.
• Complaints involving Smoking by a student may be made to the supervisor of the area or activity in which the alleged violation occurred or to the Dean of Students Office, 144 Oakland Center, (248) 370-3352.
  
  
• Complaints involving Smoking by staff should be made to the staff member's supervisor.
  
  
• Complaints involving faculty should be made to the faculty member’s dean or director.
  
  
• The Dean of Students, supervisor, dean or director will investigate and take any needed action to resolve the issue.

Persons violating this policy will be subject to discipline as with other violations of University policies, regulations, and rules.  State law also provides for a civil fine of not more than $100 for a first violation and a fine of no more than $500 for a second or subsequent violation of the Michigan Indoor Clean Air Act (MCLA 333.12601 et. seq.)

4.  After review by the Environmental Health and Safety Department, the President may offer an exception to this policy.  No exception may contradict any federal, state or local fire regulation.

For assistance in interpreting this policy, please contact the Office of Environmental Health and Safety at (248) 370-4196.

RELATED POLICIES AND FORMS:    

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