The New York State Clean Air Act requires every employer in the State to provide a smoke-free area for non-smoking employees. The College implemented the following specific requirements of the Act on January 1, 1990.
- Smoking is prohibited in any work area. Work area means a room, office, State car, or any other area enclosed by walls and doors.
- Smoking is prohibited in auditoriums, classrooms, gymnasiums, elevators, rest rooms, hallways, employee medical facilities or areas containing photocopying or other equipment used by employees in common. Smoking is prohibited in conference and meeting rooms.
- Non-smokers must not be exposed to second hand or side stream smoke without their consent.
- Employers are not obligated to provide designated smoking areas. The buildings inSaratoga Springsdo not have designed smoking areas due to lack of adequate space.
- Regional centers and units must comply with the smoking policy established in their buildings by the landlords. If a smoking policy does not exist, they must comply with Empire State College's policy which is in full compliance with the Clean Indoor Air Act. If a smoking policy does exist which is less restrictive than the Act, the centers and units must bring their procedures into compliance with the Act.
- The decision to establish or not to establish designed smoking areas (as defined by the Act) in each ESC location will be made by the senior administrator. If the decision is to establish a smoking area, implementation must be discussed by the Vice President for Administration with the CSEA and UUP chapter presidents or their designees. Designated smoking areas must be in compliance with the Act and at the College they must be established without any expenditures or structural changes.
Any State employee may contact New York State Employee Assistance Program at 1-800-822-0244.
Compliance with the provisions of this policy is a condition of employment with the Empire State College.
Applicable Legislation and Regulations
New York State Clean Air Act
Clean Indoor Air Act