Ohio Administrative Code › Title 3358:5 - Clark State College › Chapter 3358:5-13 - Policies In General › Section 3358:5-13-03.1 - Smoke-free environment/smokeless tobacco products procedures

Current through all regulations passed and filed through July 1, 2024
(A) Enclosed areas
			 are defined as any area with a roof or other overhead covering of any kind and
			 walls or side coverings of any kind on more than two sides.
			 The college has designated entrances at all buildings
			 as "no smoking." Individuals must move to other areas of the college to smoke.
			 Additionally, the use of smokeless tobacco products in all college buildings
			 and vehicles is prohibited.
(B) "No smoking" signs or the international
			 "no smoking" symbol (consisting of a pictorial representation of a burning
			 cigarette enclosed in a red circle with a red bar across it) shall be
			 conspicuously posted where smoking is prohibited including at each entrance to
			 every building. Signs shall be of sufficient size to be clearly legible to a
			 person of normal vision throughout the areas they are intended to mark. All
			 signs shall contain a telephone number for reporting violations to the Ohio
			 department of health.
(C) The Ohio
			 department of health shall prescribe a schedule of fines for violations
			 designed to foster compliance. The amount of a fine for a violation shall be up
			 to a maximum of one hundred dollars per violation.
(D) The Ohio department of health shall
			 prescribe a procedure for providing 
								the college of written notice
			 of a report of a violation and the opportunity to present in writing any
			 statement or evidence to contest the report and shall prescribe procedures for
			 making findings whether 
								the college violated the law and for imposing
			 fines for violations.
(E)
			 Violations may be reported by any member of the public including but not
			 limited to by mail, e-mail or toll-free telephone. A person shall not be
			 required to disclose his or her identity in order to report a
			 violation.
(F) Upon the receipt of
			 a first report 
								of a violation, the Ohio department of health or
			 its designee shall investigate the report and, if it concludes that there was a
			 violation, issue a warning letter to the 
								college.
(G) Upon a report of a second or subsequent
			 violation , the Ohio
			 department of health or its designee shall investigate the report. If the
			 director of health or director's designee concludes, based on all of the
			 information before him or her, that there was a violation, he or she shall
			 impose a civil fine upon the 
								college in accordance with the director of
			 health's schedule of fines.
(H)
								
								Violations
			 may be appealed through the Franklin county court of common
			 pleas.
(I) The director of health
			 may institute an action in the court of common pleas seeking an order in equity
			 
								for repeated violations of the
			 law or 
								failure to comply with its provisions.
(J) Smoking is permitted on outdoor patios as
			 long as tobacco smoke does not enter any area in which smoking is prohibited
			 (i.e., through windows, entrances, ventilation systems or other
			 means).
(K) Other areas on property
			 owned or leased by the college may be declared as non-smoking as long as
			 signage conforming to the requirements of 
								Chapter
			 3794. of the Revised Code is
			 posted.
(L)
								Supervisors shall discuss the issue of smoking breaks with
			 their staff. Together they shall develop effective solutions that do not
			 interfere with the productivity of the staff.
(M)
								The college may
			 assist employees who wish to quit smoking by facilitating access to recommended
			 smoking cessation programs and materials.
(N)
								Posted "no
			 smoking" signs shall not be obscured, removed, defaced, mutilated or
			 destroyed.
(O)
								Any violation of these procedures shall be handled
			 through the standard disciplinary procedure appropriate to the individual's
			 relationship to the college (e.g., dean of students for
			 students).
(P)
								Additional information is available through the Ohio
			 department of health website at
http://www.odh.ohio.gov.