Presidential Documents

43451

Federal Register

Vol. 62, No. 156

Wednesday, August 13, 1997

Title 3—

The President

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
43452 Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / Presidential Documents

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

[FR Doc. 97–21607

for employees and members of the public visiting or using Federal facilities.

THE WHITE HOUSE,

August 9, 1997.

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Filed 8–12–97; 8:45 am]

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