[Federal Register Volume 62, Number 156 (Wednesday, August 13, 1997)]
[Presidential Documents]
[Pages 43451-43452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21607]


      

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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
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  Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / 
Presidential Documents  

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 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