[Federal Register Volume 73, Number 246 (Monday, December 22, 2008)]
[Notices]
[Pages 78360-78361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30377]


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GENERAL SERVICES ADMINISTRATION

[FMR Bulletin 2009-B1]


Protecting Federal Employees and the Public From Exposure to 
Tobacco Smoke in the Federal Workplace

AGENCY: General Services Administration.

ACTION: Notice.

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SUMMARY: This bulletin cancels and replaces GSA Bulletin FPMR D-245, 
Protecting Federal Employees and the Public From Exposure to Tobacco 
Smoke in the Federal Workplace, which was published in the Federal 
Register on October 20, 1997 (62 FR 54461). This bulletin announces and 
provides details of a recent amendment to Federal Management 
Regulation, Part 102-74, Facility Management, revising the restrictions 
on the smoking of tobacco products in leased or owned space under the 
jurisdiction, custody or control of the Administrator of General 
Services. The revisions to the smoking policy also serve as a best 
practices model for other federal agencies.

DATES: Effective Date: December 22, 2008.

FOR FURTHER INFORMATION CONTACT: For further clarification of content, 
contact Stanley C. Langfeld, Director, Regulations Management Division 
(MPR), General Services Administration, Washington, DC 20405; or 
stanley.langfeld@gsa.gov.

    Dated: December 11, 2008.
Gary Klein,
Associate Administrator, Office of Governmentwide Policy.

GENERAL SERVICES ADMINISTRATION

[GSA FMR Bulletin 2009-B1]

Public Buildings and Space

    TO: Heads of Executive Agencies.
    SUBJECT: Protecting Federal Employees and the Public From Exposure 
to Tobacco Smoke in the Federal Workplace.
    1. Purpose. This bulletin announces the policy concerning the 
protection of federal employees and the public from exposure to tobacco 
smoke in the federal workplace.
    2. Expiration Date. This bulletin contains information of a 
continuing nature and will remain in effect until canceled.
    3. Background.
    a. On August 9, 1997, President Clinton signed Executive Order (EO) 
13058, entitled ''Protecting Federal Employees and the Public From 
Exposure to Tobacco Smoke in the Federal Workplace,'' to establish a 
smoke-free environment for federal employees and members of the public 
visiting or using federal facilities (62 FR 43451, August 13, 1997).
    b. On October 20, 1997, the U.S. General Services Administration 
(GSA) issued GSA Bulletin FPMR D-245, ``Protecting Federal Employees 
and the Public from Exposure to Tobacco Smoke in the Federal 
Workplace'' (62 FR 54461). In accordance with the requirements of EO 
13058, GSA Bulletin FPMR D-245 prohibited the smoking of tobacco 
products in all interior space owned, rented or leased by the executive 
branch of the Federal Government, except in specially-equipped 
designated smoking areas, outdoor areas in front of air intake ducts 
and certain other residential and non-federal occupied space. The 
bulletin also required the heads of executive agencies to evaluate the 
need to restrict smoking in courtyards and near doorways.
    c. Studies conducted since the issuance of GSA Bulletin FPMR D-245 
have concluded that cigarette smoking is the number one preventable 
cause of morbidity and premature mortality worldwide. Studies also have 
shown that the harmful effects of smoking are not confined solely to 
the smoker, but extend to co-workers and members of the general public 
who are exposed to secondhand smoke as well. Recognition of these facts 
is evidenced by the stricter laws on smoking enacted by several states 
over the past ten years. Twenty-six states have banned smoking entirely 
in all of their state government buildings and 19 have banned smoking 
in all private work places.
    d. EO 13058 encourages the heads of executive agencies to evaluate 
the need to further restrict smoking at doorways and in courtyards 
under executive branch control and authorizes the agency heads to 
restrict smoking in these areas in light of this evaluation.
    e. The policy requirements announced by this bulletin are 
applicable to leased or owned space under the jurisdiction, custody or 
control of GSA. In addition, federally leased space located in a 
privately owned building is subject to state and local government 
smoking restrictions, if the restrictions are more stringent than the 
federal policy.
    f. The revisions to the previous smoking policy may affect 
conditions of employment for employees. Where there is an exclusive 
representative for the employees, executive branch agencies will be 
required to meet their collective bargaining obligations under the 
Federal Service Labor-Management Relations Act, as amended, 5 U.S.C. 
Ch. 71, Labor-Management Relations, before the revisions to the 
previous smoking policy can be implemented.
    4. Action.
    a. As ordered by EO 13058, 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. In furtherance of 
this policy, executive agencies must prohibit the smoking of tobacco 
products 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. In addition, 
effective [insert date 6 months after publication of FMR amendment on 
smoking, FMR Case 2008-102-3], smoking is prohibited in courtyards and 
within 25 feet of doorways and air intake ducts on outdoor space under 
the jurisdiction, custody or control of GSA. This date provides a six-
month phase-in period

[[Page 78361]]

and is designed to establish a fixed but reasonable time for 
implementing this policy change. This phase-in period will provide 
agencies with time to comply with their obligations under the Federal 
Service Labor-Management Relations Act, as amended, 5 U.S.C. Ch. 71, 
Labor-Management Relations, in those circumstances where there is an 
exclusive union representative for the employees.
    b. The only exceptions to the general policy against smoking as 
described in EO 13058 and this bulletin are:
    (1) Residential accommodations for persons voluntarily or 
involuntarily residing, on a temporary or long-term basis, in a 
building owned, leased or rented by the Federal Government;
    (2) Portions of federally owned buildings leased, rented or 
otherwise provided in their entirety to non-federal parties; and
    (3) Places of employment in the private sector or in other non-
Federal Governmental units that serve as the permanent or intermittent 
duty station of one or more federal employees.
    c. The exception in the Federal Management Regulation (FMR) for 
designated smoking areas, 41 CFR 102-74.320(a), is being eliminated. 
Accordingly, all designated interior smoking areas will be closed 
[insert date 6 months after publication of FMR amendment on smoking, 
FMR Case 2008-102-3]. This date provides a six-month phase-in period 
and is designed to establish a fixed but reasonable time for 
implementing this policy change. This phase-in period will provide 
agencies with time to comply with their obligations under the Federal 
Service Labor-Management Relations Act, as amended, 5 U.S.C. Ch. 71, 
Labor-Management Relations, in those circumstances where there is an 
exclusive union representative for the employees.
    d. Executive agency heads may establish limited and narrow 
exceptions that are necessary to accomplish agency missions. Such 
exceptions must be in writing, approved by the agency head and, to the 
fullest extent possible, provide protection of non-smokers from 
exposure to environmental tobacco smoke. Authority to establish such 
exceptions may not be delegated.
    e. The heads of executive agencies are encouraged to use existing 
authority to establish programs designed to help employees stop 
smoking. Cessation program materials for agencies interested in 
establishing a smoking cessation program for their employees are 
available from the Department of Health and Human Services, Centers for 
Disease Control and Prevention, Web site at http://www.cdc.gov/tobacco/quit_smoking/index.htm. This Web site also identifies several How to 
Quit resources for individuals interested in smoking cessation.
    f. The heads of executive agencies are responsible for ensuring 
compliance with the requirements of this bulletin.

 [FR Doc. E8-30377 Filed 12-19-08; 8:45 am]
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