[Federal Register Volume 62, Number 156 (Wednesday, August 13, 1997)]
[Presidential Documents]
[Pages 43451-43452]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 97-21607]
[[Page 43449]]
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Part IV
The President
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Executive Order 13058--Protecting Federal Employees and the Public From
Exposure to Tobacco Smoke in the Federal Workplace
                        Presidential Documents
Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 43451]]
                Executive Order 13058 of August 9, 1997
Protecting Federal Employees and the Public From
                Exposure to Tobacco Smoke in the Federal Workplace
                By the authority vested in me as President by the
                Constitution and the laws of the United States of
                America and in order to protect Federal Government
                employees and members of the public from exposure to
                tobacco smoke in the Federal workplace, it is hereby
                ordered as follows:
                Section 1. Policy.  It is the policy of the executive
                branch to establish a smoke-free environment for
                Federal employees and members of the public visiting or
                using Federal facilities. The smoking of tobacco
                products is thus prohibited in all interior space
                owned, rented, or leased by the executive branch of the
                Federal Government, and in any outdoor areas under
                executive branch control in front of air intake ducts.
                Sec. 2. Exceptions.  The general policy established by
                this order is subject to the following exceptions: (a)
                The order does not apply in designated smoking areas
                that are enclosed and exhausted directly to the outside
                and away from air intake ducts, and are maintained
                under negative pressure (with respect to surrounding
                spaces) sufficient to contain tobacco smoke within the
                designated area. Agency officials shall not require
                workers to enter such areas during business hours while
                smoking is ongoing.
                    (b) The order does not extend to any residential
                accommodation for persons voluntarily or involuntarily
                residing, on a temporary or long-term basis, in a
                building owned, leased, or rented by the Federal
                Government.
                    (c) The order does not extend to those portions of
                federally owned buildings leased, rented, or otherwise
                provided in their entirety to nonfederal parties.
                    (d) The order does not extend to places of
                employment in the private sector or in other nonfederal
                governmental units that serve as the permanent or
                intermittent duty station of one or more Federal
                employees.
                    (e) The head of any agency may establish limited
                and narrow exceptions that are necessary to accomplish
                agency missions. Such exception shall be in writing,
                approved by the agency head, and to the fullest extent
                possible provide protection of nonsmokers from exposure
                to environmental tobacco smoke. Authority to establish
                such exceptions may not be delegated.
                Sec. 3. Other Locations.  The heads of agencies shall
                evaluate the need to restrict smoking at doorways and
                in courtyards under executive branch control in order
                to protect workers and visitors from environmental
                tobacco smoke, and may restrict smoking in these areas
                in light of this evaluation.
                Sec. 4. Smoking Cessation Programs.  The heads of
                agencies are encouraged to use existing authority to
                establish programs designed to help employees stop
                smoking.
                Sec. 5. Responsibility for Implementation.  The heads
                of agencies are responsible for implementing and
                ensuring compliance with the provisions of this order.
                ``Agency'' as used in this order means an Executive
                agency, as defined in 5 U.S.C. 105, and includes any
                employing unit or authority of the Federal Government,
                other than those of the legislative and judicial
                branches. Independent agencies are encouraged to comply
                with the provisions of this order.
                Sec. 6. Phase-In of Implementation.  Implementation of
                the policy set forth in this order shall be achieved no
                later than 1 year after the date of this
[[Page 43452]]
                order. This 1 year phase-in period is designed to
                establish a fixed but reasonable time for implementing
                this policy. Agency heads are directed during this
                period to inform all employees and visitors to
                executive branch facilities about the requirements of
                this order, inform their employees of the health risks
                of exposure to environmental tobacco smoke, and
                undertake related activities as necessary.
                Sec. 7. Consistency with Other Laws.  The provisions of
                this order shall be implemented consistent with
                applicable law, including the Federal Service Labor-
                Management Relations Act (5 U.S.C. 7101 et seq.) and
                the National Labor Relations Act (29 U.S.C. 151 et
                seq.) Provisions of existing collective bargaining
                agreements shall be honored and agencies shall consult
                with employee labor representatives about the
                implementation of this order. Nothing herein shall be
                construed to impair or alter the powers and duties of
                Federal agencies established under law. Nothing herein
                shall be construed to replace any agency policy
                currently in effect, if such policy is legally
                established, in writing, and consistent with the terms
                of this order. Agencies shall review their current
                policy to confirm that agency policy comports with this
                order, and policy found not in compliance shall be
                revised to comply with the terms of this order.
                Sec. 8. Cause of Action.  This order does not create
                any right to administrative or judicial review, or any
                other right or benefit, substantive or procedural,
                enforceable by a party against the United States, its
                agencies or instrumentalities, its officers or
                employees, or any other person or affect in any way the
                liability of the executive branch under the Federal
                Tort Claims Act.
                Sec. 9. Construction.  Nothing in this order shall
                limit an agency head from establishing more protective
                policies on smoking in the Federal workplace for
                employees and members of the public visiting or using
                Federal facilities.
                    (Presidential Sig.)
                THE WHITE HOUSE,
                    August 9, 1997.
[FR Doc. 97-21607
Filed 8-12-97; 8:45 am]
Billing code 3195-01-P