CRT 2017 #9 · Communication to the City Council · Mar 6 2017

An amendment to Section 8.28.050 expanding the definition of “Workplace” Office of Councillor Craig Kelley 2.15.17

Workplace. Any enclosed area of a structure or portion thereof at which one or more employees perform services for their employer.Workplace includes hallways, stairwells, lobbies, elevators and restrooms. Workplace. Any enclosed area of a structure or portion thereof at which one or more employees perform services for their employer.Workplace includes hallways, stairwells, lobbies, elevators and restrooms. Workplace. Any area or structure, whether enclosed or unenclosed, under the control of an employer at which one or more employees perform services for their employer.Workplace includes, but it not limited to, hallways, stairwells, lobbies, elevators, restrooms facilities, work areas, construction sites, temporary offices such as trailers, and vehicles. Workplace shall not include any space specifically and clearly designated by the employer as an outdoor smoking area for employees only. Section 8.28.050

§ By expanding the definition of workplaces to include non-enclosed areas, the Council can secure several benefits with a common-sense amendment: §Reduce risk of construction fires §Reduce smoking on worksites §Reduce exposure to second-hand smoke §Protect workers and residents near active worksites §Prevent loss in property and use

PREVENT CONSTRUCTION FIRES

§ The National Fire Prevention Agency found the improper disposal of smoking materials caused an estimated 90,000 fires around the US in 2011, resulting in 540 civilian deaths and $621 million in direct property damage § Construction sites are less like to have functioning fire alarm and suppression systems § A U.S. Fire Administration report on “Construction Site Fires” found that smoking was the 3rd leading cause of construction site fires from 1996-98, and noted that “firefighters injured on construction sites are twice as likely to be hit or stuck by debris and other objects than firefighters at other sites.”

FIRE CODE §1404 § “1404.1 Smoking prohibited. Smoking is prohibited at all construction sites.” § Areas affected: All construction areas enclosed by a fence, including construction trailers and other indoor or outdoor areas. § “At construction sites…including existing buildings undergoing interior alterations, smoking shall be prohibited in those areas of the building in which work is to be conducted…” § Signage: “No Smoking” signs shall be “conspicuously posted” at construction sites

DEC. 3: 10 ALARM FIRE IN EAST CAMBRIDGE §100 residents displaced by the blaze §18 structures damaged, some beyond repair

“The cause of the fire was careless disposal of smoking material by subcontractors working at the site on the day of the fire.” Public Statement from Cambridge Fire Department,“Cause of Ten Fire Alarm Announced,” 1/24/17

§ $5 million claimed in damages § School opening delayed, displacing students already impacted by construction § ”…the cause of the fire has been ruled accidental as a result of careless disposal of smoking material.” http://www.cambridgema.gov/CityManager/~/link.aspx?_id=38CD4C4D3825424FBC0D98BC8B4BB404&_z=z http://cambridge.wickedlocal.com/article/20150813/NEWS/150818480

-CFD Assistant Fire Chief Gerard E. Mahoney Laura Crimaldi, “Cambridge officials disturbed about massive fire sparked by discarded smoking materials,” Boston Globe (January 25, 2017).

§Smoking prevalence of blue-collar workers remains higher than that any other occupational groups (“all 13 occupations with prevalence over 30% were blue collar”). §MD study from 2006-08 found 43% prevalence in construction and extraction work §Construction workers are twice as likely to smoke tobacco products than the average citizen according to a 2003 CA Health Information Survey Chiu Y-H, Hart JE, Spiegelman D, et al.Workplace Secondhand Smoke Exposure in the U.S.Trucking Industry. Environmental Health Perspectives. 2010;118(2):216-221.doi:10.1289/ehp.0900892. Substance Abuse and Mental Health Services Administration Office of Applied Studies NSDUH Report: Cigarette Use Among Adults Employed Full Time, by Occupational Category. Rockville, MD: Substance Abuse and Mental Health Services Administration, 2009

§ “Workplace bans reduce smoking prevalence by 5 percentage points and average daily consumption among smokers by 10 percent.” The health of workers can be improved by extending workplace bans on smoking to all worksites. “Do Workplace Smoking Bans Reduce Smoking?”William N. Evans, Matthew C. Farrelly, Edward Montgomery, American Economic Review, Vol. 89, no. 5 (Sept. 1999): 729-747.

§ Researchers have found a positive relationship between exposure to smoking in familiar environments such as the home and workplace, and the number of cigarettes smoked. § Such “peer-cue”triggers were found to significantly increase the number of cigarettes smoked, particularly in males. By prohibiting smoking in the workplace, peer-cues are reduced among workers in both the causal- smoker and smoker populations “Peer Pressure, Psychological Distress and the Urge to Smoke,” Yi-Wen Tsai,Yu-Wen Wen, Chia-Rung Tsai, and Tzu-I Tsai, International Journal of Environmental Research and Public Health, 2009 Jun; 6(6): 1799-1811. http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2705218/

§ The California Environmental Protection Agency: Air Resource Board found that nicotine levels in areas where people regularly smoke outside (outside office buildings, patios, airports, and construction sites) is comparable to those found in some smokers’ homes. § A study from the Ontario Tobacco Research Unit at the University of Toronto found that in-door smoking bans were not enough, and that “Complete smoking bans including outdoor workspaces are needed to adequately protect hospitality workers from secondhand smoke.” “Do indoor smoke-free laws provide bar workers with adequate protection from secondhand smoke?” Zhang B, Bondy S, Ferrence R. Prev Med. 2009 Aug-Sep;49(2-3):245-7. doi: 10.1016/j.ypmed.2009.06.024. Epub 2009 Jul 6.

Workplace. Any enclosed area of a structure or portion thereof at which one or more employees perform services for their employer.Workplace includes hallways, stairwells, lobbies, elevators and restrooms. Workplace. Any enclosed area of a structure or portion thereof at which one or more employees perform services for their employer.Workplace includes hallways, stairwells, lobbies, elevators and restrooms. Workplace. Any area or structure, whether enclosed or unenclosed, under the control of an employer at which one or more employees perform services for their employer.Workplace includes, but it not limited to, hallways, stairwells, lobbies, elevators, restrooms facilities, work areas, construction sites, temporary offices such as trailers, and vehicles. Workplace shall not include any space specifically and clearly designated by the employer as an outdoor smoking area for employees only. Section 8.28.050

An amendment to Section 8.28.050 expanding the definition of “Workplace” to protect all workers. Office of Councillor Craig Kelley 2.15.17