BUILDING TRADESUNIONSIGNITELESSTOBACCO

Construction sitesare workplaces, too

How to make construction sitescomply with tobacco laws and restrictionsProduced by BUILT, State Building and Construction Trades Council of California

www.sbctc.org/built

Construction sites are workplaces, tooHow to make construction sites comply with tobacco laws and restrictions

About BUILT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

How to Conduct a Successful Tobacco-Free Construction Site Compliance Campaign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Bringing Compliance to Construction Worksites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3What is the Law Regarding Construction Worksites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4Extra Leverage With Schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4Project Labor Agreements: An Opportunity to Create Tobacco-Free Construction Sites . . . . . . . . .5

Establishing a Compliance Campaign at Construction Sites . . . . . . . . . . . . . . . . . . . . . . . 6How BUILT Approached Monitoring Compliance at Construction Sites . . . . . . . . . . . . . . . . . . . . .6Getting Access to the Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7The Monitoring Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Education and Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Labor-Management Workshop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9Notifying the Workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9Tailgate Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11Educational Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

Challenges and Tips for Running a Successful Campaign . . . . . . . . . . . . . . . . . . . . . . . . 12Attitudes Among the Players . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12Common Compliance Pitfalls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13Good Arguments to Use with Employers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14Recommendations for Conducting a Compliance Campaign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14Tools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16

Case Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

AppendicesCompliance Checklist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21Labor-Management Workshop Agenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24Listing of Building Trades Councils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27Tailgate Training Curricula . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29

Table of Contents

In 1999, the California State Building Trades Councilsecured a grant from the State of California’s TobaccoControl Section (TCS) to educate their members on thedangers of tobacco use. In 2004, BUILT was designatedto serve as the Priority Population grantee forOrganized Labor, providing help to all TCS-fundedgroups who seek to work with unions and unionizedworkers on policy and education.

BUILT seeks to reach out to workers in the many waysthey are touched by their unions. This includes throughtheir union leadership and at the union hall, throughtheir health and welfare funds (which provide their insur-ance and employee assistance programs), through theapprenticeship programs which are required for all newconstruction workers, and through labor-managementagreements that offer worksite training and education.The brochures, booklets and curriculum we have devel-oped are recognized across the state and country as cutting edge.

BUILT currently works with 27 Taft-Hartley Health andWelfare Funds that promote the use of California’s tele-phone-based counseling helpline 1-800-NO-BUTTS,while advocating that cessation benefits be a coveredbenefit for their members. This program has reachedover 160,000 union households totaling approximately300,000 Californians.

BUILT has developed a comprehensive curriculum cov-ering the myriad of toxic chemicals present in tobaccothat construction workers are exposed to on a dailybasis while performing their jobs. Through this grant,we have been able to educate over 4,000 apprenticesthroughout the state on the dangers of tobacco use. Ourcurriculum includes an Instructors Manual along withspecific supplements covering toxics that are inherent tospecific trades.

BUILT has developed several Labor-Management toolsfor implementation of tobacco-free construction sitesand a workshop to educate employers and union repre-sentatives on the law. These materials along with thedevelopment of tailgate trainings and brochures enableemployers to safeguard the health of their employees toa higher level than ever before.

The tobacco companies have targeted and manipulatedtheir advertisements to appeal to construction workers.BUILT exposed this in our booklet and brochureTobacco Industry Targeting of Blue-Collar Workers,gleaned from the millions of pages of tobacco docu-ments. It is no wonder our members use tobacco prod-ucts at such a high rate.

This booklet was made possible by funds received from the California Department of Health Services, Tobacco Control Section, Contract Number 04-35308.

Development of this booklet was a great team effort.Special thanks to Paul Doolittle, Frank Albert and Debra Chaplan for concept and writing;

Elizabeth Trebow and Emil Berkanovic for developing the case studies;Cathy Leonard and Wayne Hagen for reviewing drafts; Yvonne Bruekers for copy-editing, Barbara Nishi for design;

and the BUILT Advisory Board for their invaluable input.

About BUILT

Bringing Compliance to Construction Work Sites

Since 1995, California’s enclosed workplace smoking ban hasbeen an integral force in reducing smoking prevalence ratesand increasing the health and safety of workers who are nolonger exposed to secondhand smoke on the job. Unfortu-nately, many construction workers have not enjoyed thebenefits of smoke-free workplaces.

For the approximately 40% of construction workers whoprimarily work outdoors, the smoking ban (Labor Code§6404.5) does not apply to their workplace. At indoor construction worksites, enforcement of the smoking ban isoften lax, so compliance is low. It’s no wonder that while thetobacco use prevalence rate of Californians is down to below14%, the rate for construction workers in the state still hovers at around 28% (California Health InformationSurvey, 2003).

The purpose of this guide is to assist tobacco control groupsin developing compliance campaigns for construction sites.It is based on a campaign BUILT launched in July, 2004, toincrease construction site compliance with the labor codeban on smoking in enclosed workplaces and with projectbans at outdoor worksites. The guide reviews the law,describes the BUILT campaign, outlines steps to develop acompliance campaign and discusses some of the challenges.It provides tips and resources for achieving compliance andincludes several case studies and educational resources.

3

How to Conduct a Successful Tobacco-Free Construction Site Compliance Campaign

It’s no wonder that while

the tobacco use prevalence

rate of Californians is

down to below 14%,

the rate for construction

workers in the state still

hovers at around 28%.

What Is the Law Regarding Construction Worksites?

California law (Labor Code §6404.5) says that no one shallsmoke, and no employer shall permit smoking, in anenclosed workplace. ‘Enclosed’ is generally accepted asmeaning four walls and a ceiling. It does not matter if thereare windows, louvers, or sliding doors that open. This meansthat as each floor is completed and the ceiling is construct-ed, that floor is now smoke free. Once a roof has been placedon a building, the building should be smoke-free.

Before this point in the construction process, the law doesnot offer construction workers any type of protectionagainst second-hand smoke for the work they perform ‘out-doors,’ unless the project owner or local ordinance banssmoking in outdoor work areas.

Extra Leverage With Schools

School construction is an area where extra leverage may beapplied to achieve a tobacco-free construction site. Manyschool districts receive Tobacco-Use Prevention EducationProgram (TUPE) funds for grades 4-12 educational pro-grams. In order to apply for and receive that funding, theschool district must certify that they have a fully-imple-mented tobacco-free policy. Each school in the districtmust follow a strict set of guidelines for the district toremain eligible for these funds. Not only must the schoolbuildings be 100% tobacco free, like all enclosed work-sites in California, but so must the grounds, and in somecases, an area 100-500 feet around the grounds.

Enforcement of these policies is conducted by eachschool district. Some sites are strict and have used thethreat of firing workers to get compliance, while others

have a more relaxed approach to enforcement. A school dis-trict that does not enforce its own rules may lose its TUPEfunding. Reminding schools of the TUPE rules can be animportant tool to ensure compliance on these sites. Workersshould be informed of the school’s 100% tobacco-free policybefore going to work at a school site.

4

A school district that does

not enforce its own rules

may lose its TUPE funding.

Project Labor Agreements: An Opportunity to Create Tobacco-Free Construction Sites

Sometimes when a very large construction project is beinginitiated, the project owner will utilize a planning tool calleda Project Labor Agreement (PLA). These agreements usuallycome into play when the project involves the work of manytrade unions over a long duration and exceeds a certainbudget threshold. Each PLA is negotiated and designed indi-vidually – tailored to meet the needs of a specific project orowner/manager. PLAs are a product of collective bargainingbetween the project owner (such as a water board, schoolboard or private entity), thegeneral contractor, and theunions that govern the workrules, pay rates, and disputeresolution processes forevery worker on the project.

Several PLAs have includedtobacco bans for variousreasons. For instance, theOlivenhein Dam project inSan Diego County was 100%tobacco-free because it wasin a very high fire area. TheGenentech facility in Vaca-ville was 100% smoke-free because, as a biotech facility, thecompany wanted it to be completely ‘clean.’ Over the last fiveto six years, unions and community groups have used PLAsto ensure ‘local hire procedures’ and specific trainingrequirements. There is no reason why tobacco language can-not be inserted into the PLA.

5

The BUILT project was initiated in 1999 to provide tobaccoeducation and promote cessation among unionized con-struction workers. In July 2004, BUILT initiated its construc-tion worksite compliance campaign. Our first steps were toidentify construction worksites, gain access to these sites andmonitor how they were complying with the Labor Code’stobacco ban.

Because the BUILT project is not an agency of enforcement,our ability to intervene was limited. Our goal was to ascer-tain the level of compliance with the labor code and/or withvoluntary tobacco restrictions on construction sites and,where possible, to work with project owners, contractors andunions to increase compliance. Our methods include hold-ing workshops and developing tailgate safety training ses-sions on tobacco hazards, making tobacco education andcessation information available, and ensuring that appropri-ate signage was posted.

How BUILT Approached MonitoringCompliance at Construction Sites

Because of the changing nature of construction sites, BUILTstaff looked at two different types of worksites: short term (6months maximum) and long term (one year or longer) tosee if we could discern any difference in compliance basedon the length of the project. We identified several potentialsites for monitoring and proceeded to get permission, usuallyfrom the general contractor, to monitor these sites. (Seestudies of monitored sites on page 17.)

The purpose of monitoring was to observe the extent towhich various construction sites comply with both the state

6

Establishing a Compliance Campaignat Construction Sites

BUILDING TRADESUNIONSIGNITELESSTOBACCO

law prohibiting the use of tobacco in indoor work places andschool district policies requiring school property to betobacco free. Where necessary and possible, BUILT workedto find ways to ensure compliance.

Getting Access to the Sites

Because construction worksites are not open to publicaccess, it is necessary to identify and meet with the key play-ers on each project in order to gain access to monitor thesite. The first step is to meet with the county Building TradesCouncil and/or some of the local unions who have membersworking that job. (See list of Building Trades Councils inappendix.) You will also want to meet with the Business Agentswho represent the workers in the different crafts so that theyknow why you are on the site and what you are looking for.

Next, you should meet with representatives of the projectowner and prime contractor. For example, if you are seekingto monitor compliance at a school, try to find the facilitiesmanager at the school district. That person will be the repre-sentative for the ‘project owner,’ and can tell you who theproject superintendent is for the prime contractor. Thesepeople will be able to ensure that you have access to the site.

Construction worksites are filled with danger at every turn.They are dangerous to the experienced construction workerand even more so to someone not familiar with this environ-ment. Several crafts may be working at the same time and itis a challenge for even the most experienced worker to payattention to the task at hand as well as what everyone else isdoing around them. If you are not familiar with construc-tion worksites, do not hesitate to request an escort aroundthe site; many project managers will insist upon it even ifyou have construction experience. You may feel that anescort is trying to control your access, and this may be true,but it is primarily a safety issue. You will never get access toa worksite if you disregard safety issues.

The Monitoring Process

In order to monitor the sites, we developed and tested a com-pliance checklist (see Appendix). This checklist enables you

7

You will never get access

to a worksite if you

disregard safety issues.

to assess what tobacco restrictions should be followed on aparticular worksite and then takes a step-by-step review toensure that those restrictions are being followed.

While the checklist is a useful guide, our monitor found itbetter to walk a site to monitor and observe without the dis-traction of filling out paperwork at the same time. Not onlyis the paperwork cumbersome, it can be dangerous if theobserver is not paying full attention to the work being con-ducted around them. In addition, it can also put workers onedge, not knowing why they are being written up or bywhom. Therefore, the checklist should not be filled out untilafter the job walk has been completed.

Our monitor walked the sites anonymously (to the workers)the first few times and then approached workers and identi-fied himself, as necessary. This enabled him to more accu-rately assess whether workers were complying with thesmoking ban.

While every job has one prime contractor responsible for theoverall project, that contractor will bring in a large numberof subcontractors for each specific craft, such as sheet metalcontractors, roofing contractors and electrical contractors.As work on one area is completed, new sets of workers fromdifferent crafts come on to the jobsite. Ensuring that eachgroup of subcontractors and workers understands the site’stobacco policies can be an on-going challenge. We walkedeach job approximately once a month to monitor the rapidlychanging status of the sites and to meet with new subcon-tractors on the job.

8

Ensuring that each group

of subcontractors and

workers understands the

site’s tobacco policies can

be an on-going challenge.

Labor-Management Workshop

BUILT developed a labor-management training workshop tobring both parties to the table, review the law, review addi-tional bans that might pertain to a particular job site, andsuggest ways of notifying and educating workers about thelaw, tobacco hazards, and cessation opportunities.

This short 90-minute workshop is quite useful if it is heldbefore the start of every construction job, large and small.Unfortunately, marketing this important resource has provento be a challenge. Since neither union leaders nor contrac-tors want to take responsibility for enforcement of tobaccopolicies, and such a workshop is not mandatory, BUILT hasfound it difficult to generate attendance. If the workshop ismandated by the project owner, attendance would be assured.

The workshop outline is included in the appendix.

Notifying the Workers

The best way to notify workers about the specific tobaccorestrictions at a jobsite is at dispatch—which takes place atthe union’s dispatch hall when workers are assigned to thatjob. Ideally, the employer would notify the union that the jobis a non-smoking worksite, and the union dispatcher wouldinform workers before they agree to take the job. This hap-pens in some cases, but not in all.

BUILT has sent information and signage to all unions, forposting at their hiring halls, about additional tobacco poli-cies at schools. (See Appendix.) As unions are always seekingto increase their ‘market share’ and get more work for their

9

Education and Training

members and for the union contractors, we have pitched theability to provide workers who understand and will abide bythe tobacco policies as another marketing tool that unionscan offer.

At the construction site itself, proper signage would under-score the message. When it comes to signage, several issuesshould be addressed.

• Are signs posted at all of the entries where constructionworkers come to the job?

• Are signs posted in the job shacks (site office) and gangboxes (giant tool rooms)?

• Does the signage give the correct information about thetobacco rules on that particular job site (i.e., is the job100% tobacco free, 100% smoke- free, or issmoking/tobacco allowed in designated areas)?

• Is the signage posted in the various languages spoken bythe workers on that job?

Signage must be placed where smoking is not allowed. On aconstruction site, that place is often a moving and growingtarget; as the work on a new floor in a building is started, theprevious floor is now smoke-free by law, because it now hasfour walls and a ceiling. Therefore, signage should be addedon each floor.

While school districts that receive TUPE funds are requiredto have signage stating that tobacco use is prohibited, thesesigns are usually placed on permanent school buildings, nearestablished points of entry. When construction is going on,there are often fences surrounding the site creating manypoints of entry not directly in line with established ones.Therefore, the permanent signage may never be seen by theconstruction workers, leaving them unaware of the tobaccopolicy. Ideally, schools should place appropriate signage at allpermanent and temporary points of entry as soon as theconstruction project begins.

10

NO SMOKINGALLOWEDon this construction site

Tabaco

Este lugar de construcción es

100%

LIBRE DE TABACO

Ideally, schools should

place appropriate signage

at all permanent and

temporary points of entry

as soon as the construction

project begins.

Tailgate Trainings

California law requires construction employers to hold briefsafety training meetings every 10 working days called‘Tailgate Training.’ These 15-30 minute meetings provide anopportunity for the project superintendent, safety officer orforeman to review upcoming work and the potential safetyhazards that may be encountered.

These meetings are an ideal place to review the site’s tobaccopolicies and offer information about tobacco and the toxicsworkers are exposed to at the job, as well as to provide cessa-tion resources. While BUILT has developed an extensive cur-riculum for apprentices, the tailgate training is one of the fewopportunities to provide this information to journeymen,who have already completed their apprenticeship training.

The BUILT 10-module tailgate training program (see appen-dix), covers toxics in cigarettes and in secondhand smoke;exposure levels; how tobacco use can distract workers; lawsand rules regulating tobacco use on construction sites; andresources to quit smoking. Importantly, the trainingincludes a module for the leader to review the rules aboutwhere tobacco may or may not be used on that particularworksite. Safety staff and foremen on several sites tested thetraining and they told us that both the format and contentwere easily used and understood and the material was well-received.

Educational Materials

When possible, talk to the prime contractor and subcontrac-tors about leaving brochures about toxics and tobacco on thejob, the labor code, and cessation resources. These may beleft for distribution at the job trailer, in the nursing station ifthere is one, or given to the Safety Director who will be con-ducting the Tailgate Trainings. Good materials to leave couldinclude brochures from BUILT, the American Cancer Societyand American Lung Association, the California Smokers’Helpline, and resources offered locally.

11

BUILDING TRADESUNIONSIGNITELESSTOBACCO

Tailgate Safety Topic

&Tobaccothe Construction Worksite

Attitudes Among the Players

Who is responsible for enforcing the law on constructionsites? Ultimately, the project owner must set the bar forenforcement and the prime contractor must implement it.This means notifying the prime contractor’s staff and all ofthe subcontractors. It also means ensuring that the unionsall understand the job’s rules and notify potential workersbefore they come on to the jobsite.

What is the reality? In 2000, the BUILT project conducted awritten survey of more than 100 construction union leadersthat addressed tobacco use among their members and atti-tudes toward tobacco restrictions on construction worksites.In 2005, BUILT conducted a series of key informant inter-views with union leaders and employers about compliance.

In both the survey and the interviews, union leaders assertedthat they did not want to play a role in initiating tobaccorestrictions, but if imposed by the project owner, the unionsdefinitely wanted to be involved with how any restrictionswere implemented and enforced. However, the interviewsindicate that not all union leaders are close enough to theground to know how members are being notified of the site’stobacco policies and how those policies are actually beingenforced. In several cases, they left enforcement to theemployer, anticipating that they’d only get involved if therewas a complaint from a smoking or non-smoking member.

Employers, on the other hand, often did not want to act asthe tobacco police, unless the issue of job safety was para-mount—such as at a refinery.

Some success has been achieved on particular jobsites such

12

Ultimately, the project

owner must set the bar

for enforcement and the

prime contractor must

implement it.

Challenges and Tips for Running a Successful Campaign

as schools, hospitals, refineries, bio-tech and computer man-ufacturing plants. These job sites usually have designatedareas for smoking or a worker must leave the property tolight up. In these cases, we find that a significant portion ofthe smoking employees take up the habit of chewing or theysneak cigarettes.

One of the most notorious places for people to sneak asmoke is in the portable toilets that are always present onconstruction sites. This is an additional health hazard asmost porta-potties contain no area for washing the handsand require non-smokers to be exposed to the secondhandsmoke left behind in the facility. An additional danger is thatthe smoker could ignite methane gas present in theseportable facilities, causing severe burns.

Common Compliance Pitfalls

Bringing a job into compliance is a slow and often tediousprocess that sometimes involves difficult situations withsubcontractors, managers and workers who don’t want togive up their smokes or don’t want to play an enforcer roleon this issue. The only way to ensure compliance is throughowner insistence and proper enforcement of the laws andpolicies in place on that project.

The initial challenge of this particular scenario is that the lawdoes not prevent smoking in outdoor areas, save for a fewlocal ordinances in parks, beaches and tot-lots. Constructionworkers, developers and project managers know this and willuse it to discourage your plans immediately.

A successful campaign begins with early buy-in from the keyplayers. If you can get in at the planning stage of a project,the likelihood of success is much greater than coming intothe process when construction has already started. Most ofBUILT’s challenges were associated with coming on boardwhen a project was well under way. If you can convince adeveloper to make a site tobacco or smoke-free in the plan-ning or pre-planning stage and/or have tobacco restrictionsincluded in the PLA or contract language, you will probablybe able to kick back and breathe easy while watching thetobacco-free days pile up.

13

The only way to ensure

compliance is through

owner insistence and

proper enforcement of the

laws and policies in place

on that project.

Good Arguments to Use with Employers

Issues that play well with employers are:

• Smokers have higher absence rates, increased injury statistics,take more breaks, create more litter and pose a risk of fire.

• People who chew also take more breaks, create litter andleave behind a sticky, messy goop that can result inincreased chances of slipping.

• Tobacco is listed as a Class A carcinogen—a cancer-causingagent—for which there is no safe exposure limit. Many ofthe same chemicals that require the use of respirators arepresent in cigarettes and smokeless products. A MaterialSafety Data Sheet (MSDS) for the top 50 chemicals presentin cigarettes is nearly 75 pages long and is a laundry list ofdangerous chemicals.

• Secondhand smoke (SHS) has been designated as a ToxicAir Contaminant by California’s Office of EnvironmentalHealth Hazard Assessment, which means that SHS cancause death or serious illness.

Recommendations for Conducting a Compliance Campaign:

• Identify sites early. Get in at the earliest possible juncture—at planning or pre-planning meetings or at the ProjectLabor Agreement stage.

• Find out who the key players are and inform them of yourintentions. These include property owners, contractors,union representatives and County Health Departments/Tobacco Local Lead Agencies (LLA). Provide these peoplewith copies of the law and other information pertaining totobacco hazards.

• Once you have identified the site and the various players,approach the field supervisor or property owner for accessto the site.

14

• Offer to hold a labor-management workshop for prime/subcontractors and union reps to review the law and offerthem ideas to ensure compliance. Make yourself availableto conduct regular compliance monitoring and reportback to the prime contractor and/or project owner.

• Understand the chain of command and who is responsiblefor enforcement of the law and/or policies.

• Learn which policies are in place at the jobsite and who isresponsible for their creation and enforcement.

• Inform the key players of your role and responsibilities andwhat you expect of them.

• Have plenty of information about tobacco hazards andabout cessation.

• Have plenty of signage with the appropriate message andlanguages available for placement. Let the jobsite supervi-sor put signs up.

• When monitoring a jobsite, dress appropriately: workboots, safety glasses and hardhats are mandatory at mostconstruction sites. If you are unfamiliar with constructionsites, ask for a person to walk with you to identify possiblehazards and to avoid being caught in dangerous situations.

• Do not impede the progress of construction. These jobsitesare very time-sensitive and require the timely completionof activities according to tight schedules.

• Keep your visits short and to the point; under no circum-stances stop or interfere with an employee who is working.If you see construction workers who appear to be free totalk, keep it short, as time is money in this business.

15

A successful campaign

begins with early buy-in

from the key players.

Tools

The BUILT project has developed several tools for gainingcompliance on construction sites. What follows is a list withbrief descriptions on their content. If you should need any ofthese products, contact the Tobacco Education Clearinghouseof California at www.tobaccofreecatalog.org.

Tobacco-Free Construction WorksitesThis is a comprehensive guide to several different forms oftobacco control on construction sites. It includes sectionscovering the following;• What is the Law• Benefits of a Tobacco-Free Workplace• Issues to Consider• Tips for Successful Policy Implementation• Three Model Policies• Helping Employees Quit• Resources and Signage

Quitting Tobacco—The Next Step Employer’s Toolbox for Building a Cessation ProgramThis guide is designed for employers and has several casestudies of companies that offer cessation benefits to helptheir employees live longer and healthier lifestyles. Itincludes the following;• Cessation Toolbox• Programs that Work• Options• Evaluating outside providers• Resources

Monitoring ChecklistThe Monitoring Checklist is used during compliance checksto assess if a site is currently in compliance with the LaborCode and to track changes in enforcement as a project progresses.

16

Tailgate TrainingThe Tailgate Training program should be shared with a site’sproject superintendent and used in their bi-weekly tailgatesafety sessions. The BUILT tailgate program is divided into10 modules that can be used in whole or in parts. Theseinclude information about the toxics in tobacco and howsimilar they are to toxics workers confront on the job, thelaws regulating tobacco use on construction worksites, andresources to quit.

SignageOn this page are examples of signage that is appropriate fora variety of different policies that are in force or may beenacted on the construction worksite. Full-size samples areavailable in BUILT’s Tobacco-Free Construction Worksitesbooklet, or from TECC. Unlike certain OSHA or Wage &Hour posters, there is no standard size for tobacco-relatedsignage. However, signage is as important as any policy andshould be strategically placed for maximum exposure. Makesure the signage is on brightly colored paper, provides thecorrect information for that worksite, is in the languages thatthe workers speak, is placed at the key entrances that con-struction workers use, and is updated as necessary (forexample, as a building is erected, add signs on each floor thatnow has a ceiling).

17

Signage is as important as

any policy and should be

strategically placed for

maximum exposure.

18

At the time this is being written, one State of Californiaand eight school construction sites have been moni-tored. Four of these school campuses belong to a singleunified school district and four belong to another uni-fied school district. Both districts have policies forbid-ding tobacco use anywhere on a campus. The advantageof monitoring the State site and the work sites in thetwo school districts is that both the state law and thetobacco use policies of the employers were consistentacross sites.

The purpose of monitoring these sites was to determinethe extent to which both the state law and employers’policies were being enforced among members of theState Building and Construction Trades Council’s con-stituent unions who were working on these campuses.The monitor used a checklist of 16 items and also wrotecomments that helped to clarify some of the checklistitems. Each site was visited several times. Both indoorand outdoor construction was taking place at each site.What follows is a case-by-case analysis of tobacco use ateach site.

Unified School District A: It is important to note thatthe BUILT monitor made repeated efforts to contact theproject manager for this school district, but was unableto do so. This fact is pertinent in evaluating the compli-ance problems revealed in the observations of these sitesbecause it indicates the district’s policies were not beingenforced by the person exercising supervisory responsi-bility for the district. This is especially troubling becausethis district receives Tobacco Use Prevention Education(TUPE) funding to pay for tobacco education programsin exchange for strictly enforcing a tobacco free policyon each of its campuses. The monitor has becomeacquainted with the district’s superintendent, assistantsuperintendent and two members of the board. He hasattempted to meet with each of them to discuss howenforcement could be improved.

School 1 (Wr): This school was visited nine times untilthe job was completed. Although there was some sig-nage indicating that tobacco use was prohibited, not allentrances to the campus had such signs. In particular,there was no signage near any of the entrances used bythe construction workers. Because of district policy,there was no designated smoking area on campus, and

workers who smoked were supposed to go off campusto do so. The monitor informed all subcontractorsabout the tobacco use rules. Workers also were toldabout the rules at the first meeting they attended andthe message was reinforced at subsequent meetings.They also were told that if they were caught using tobac-co on campus they would be fired with no further warn-ing. Nonetheless, the monitor found repeated evidenceof tobacco use. This included cigarette butts, tobaccospit, and discarded cigarette packs and chew cans.Indeed, several workers felt free to smoke or chew infront of the monitor. No materials were available thatwould have informed the workers of help available tothose who want to stop using tobacco.

The monitor’s notes state: “No enforcement of districtpolicy observed – several smokers onsite in plain view ofthe [site] superintendent and [school district] employ-ees.” On another occasion the monitor writes: “…buttsin nearly finished class[room] now. To top that, Ismelled smoke in a classroom being sanded bytapers….I talked with one guy who was chewing andwho wanted to know who I was…he asked what I woulddo if I caught someone in violation…told him that myjob was simply to observe.” On yet another occasion, themonitor wrote: “Some guys light up only when I showup, showing me that they are defying me and the rules.”

On his final visit, the monitor wrote: “This job has beenan eye opener for me on the enforcement of policy. Eventhough the rules are there, no one from thedistrict…made any attempt to address the prevalence ofsmoking and tobacco use. I know of several people whoshould have done something, but haven’t.”

School 2 (ST): The school was visited five times over a10-week period. The job was completed at the time ofthe final visit. Although signs indicating tobacco use wasbanned on campus were posted at public entrances, theentrances used by construction workers had no signs.Because of the rules, there was not a designated smok-ing area and tobacco users must go off campus. Themonitor made the subcontractors aware of the notobacco use policy. Workers were informed on site andreminded by flyers put in their paychecks. They weretold they would be fired if caught using tobacco on thejob site. Nonetheless, there was some evidence of tobac-

Case Studies

19

co use on the site. The only smoker on the job smokedoutside. Although in violation of district policy, he wasin compliance with state law because he did not smokeinside buildings. In addition, two other people were ob-served chewing on campus and ashtrays and spittoonswere present. No material is available about how to quitor where those who want to quit could get help.

The monitor’s notes indicated everyone knew the rulesand the penalty if they were caught. Nonetheless, onesmoked and two others chewed openly. The monitoralso remarked that one chewer quit after being given abaseball card for his kid that addressed the dangers ofchewing. Finally, the monitor noted the short durationof the project, which is typical of many constructionprojects, and the limits it imposed on his ability to workwith those on-site.

School 3 (Oly): The school was visited five times over aperiod of five months. Construction was completed atthe time of the last visit. Like the previous two schools,there was signage indicating it was a tobacco-free insti-tution, but several of the places where constructionworkers enter the campus did not have signs. The sub-contractors were aware of the policy banning tobaccouse. The policy was also explained to the foremen andgeneral foremen and it was their task to explain it to theworkers. There also was evidence of tobacco use on thejob site. Some smoking and chewing was observed. Themonitor’s notes indicated that the site was in strict com-pliance with state law, but not with district policy. Healso wrote that: “One person observed smoking on sitewas a carpenter on the roof…technically a violation,”but that several foremen and journeymen consideredthe site to be very strict. The monitor also wrote: “Oneguy said there was one smoker he observed on campussmoking during breaks, but he was polite about it, stat-ing: ‘he sat away from us.’

School 4 (G): The school was visited four times overthree months. The job was completed by the time of thefinal visit. Again, signage was present, but not at all ofthe entrances used by construction workers. Contractorswere aware of the policy banning tobacco use. In addi-tion to general foremen being told about the policy, allworkers were informed of the policy through a letterthat stated they would be terminated if caught smokingon campus. The site was in strict compliance with statelaw prohibiting smoking in indoor work spaces, but wasnot in compliance with district policy. There was evi-dence of workers smoking outside and chewing any-where they pleased. Indeed, the monitor notes that hespoke with three chewers who were unaware there wasany policy forbidding chewing tobacco on the school

grounds. It appears that the letter informing the work-ers of tobacco use policy was incomplete and, possibly,inaccurate.

Unified School District B: The monitor’s experienceobserving the four school construction sites that weremonitored in this district was more variable than inDistrict A. The district project manager was happy toprovide access to the sites and was happy that the mon-itor would discuss the rules governing tobacco use withthe workers. Apparently, the district project managerwas unwilling to enforce the rules about tobacco usehimself. After he realized the monitor was there only toobserve and, as a union member, had no authority toenforce either state law or district policy, he stoppedreturning the monitor’s phone calls. As was the case inDistrict A, none of the sites visited in this district hadsignage displaying the rules about tobacco usage postedat the entrances used by the construction workers.

School 1 (Ma): The monitor made six visits to thisschool over the final seven months of a two-year proj-ect. Although there had been some tobacco use on cam-pus earlier in the project, the monitor did not observeany evidence of tobacco use on campus during his vis-its. He did observe some workers leaving the campus tosmoke during breaks. He also was told someone smokedin a portable toilet occasionally.

The monitor noted that: “everybody on the job knowsthe rules…I believe that on this, as well as all sites, theprospect of having a smoke-free workforce is dependenton who is dispatched from the hiring hall. Therefore, Ibelieve notification at the hiring hall is most important.”

School 2 (Wa): This school was visited eleven timesuntil completed. The monitor stated that: “this job hasbeen a regressive type of story in that on my first visit Inoticed no one smoking and no evidence of smoking onsite. On subsequent visits, I noticed a large amount oflitter from smoking and chewing…”

Although there was no signage at any of the places con-struction workers entered the site initially, the on-sitesuperintendent put up signage at the monitor’s request,but it was insufficient from the monitor’s perspectiveand it didn’t seem to do much good. Several of the signswere taken down to facilitate construction work.

The monitor also noted that the superintendent’s officereeked of smoke. The assistant superintendent told themonitor that he always left campus to smoke, but sever-al journeymen contradicted him.

20

In the last two months of observation, the monitorobserved that the site had less evidence of tobacco usethan previously, but that it was still in violation both ofstate law and school district policy. He continued to putpressure on the superintendent. Later he noted that thesite was in compliance with state law, but not district pol-icy. He also indicated the assistant superintendent left.

There was a lot of evidence of tobacco use on this site,despite meetings with the superintendent. The superin-tendent smoked on site, which may have set the exam-ple for workers. The smoking finally stopped when themost active smokers left the job.

School 3 (Mu): The monitor observed this school tentimes until the job was complete. On his first two visitshe did not find evidence of tobacco use. On his thirdvisit, a foreman told him he had seen carpenters smok-ing, but had not seen anyone chewing. He also foundcigarette butts inside a partially constructed building.He also observed workers smoking on campus duringseveral subsequent visits.

As with every school observed, signage was inadequateat this school. The monitor recommended that the on-site superintendent put up signs wherever the workersentered the campus. Although superintendent agreed todo it, he was reluctant because he thought it was theschool’s responsibility to provide adequate signage.During the last visit he made, the monitor providedsigns. He also informed the superintendent about dis-trict policy and urged him to enforce it.

There were no signs of smoking until about threemonths into the job; smoking continued outsidethroughout job, despite BUILT staff alerting the super-intendent, making it in compliance with the labor code,but not with school district policy.

School 4 (BV): This school was visited eleven timesuntil complete. Although the monitor did not observeevidence of tobacco use during his first visit, there wasclear evidence at each of the subsequent visits. Since therewas evidence of both indoor and outdoor smoking, thissite was in violation both of district policy and state law.

The monitor left signs and literature both on state lawand district policy with the superintendent’s secretary.He also requested a meeting with the superintendent.The superintendent did not respond to this request.Meanwhile, at each visit, there was extensive evidencethat the law and policy were being violated.

The monitor learned the superintendent had been

replaced and was able to meet with the new superin-tendent to inform him of the law and of district policy, and to request that he put up the signs left previ-ously. The monitor also indicated the site seems to be incompliance with state law, but not district policy. All sug-gestions by the monitor were ignored.

Smoking continued on this job-site over the year ofmonitoring, despite attempts by BUILT staff to alert thesite superintendent that they were in violation of boththe labor code and district policy.

California State Construction Site: This site was visitedten times until completion of the project. On the firstvisit, the monitor observed violations both of state lawand state policy which restricted smoking at the entiresite. The monitor then spoke to the general contractor’sproject manager. The project manager indicated that stateofficials supervising the project were concerned aboutsmoking inside the building and on the roof. The pri-mary reasons for their concern was about potential dam-age to the carpets and about litter. He also indicated thenext person he found smoking inside the building or onthe roof would be fired. He was unaware of state lawabout smoking inside of buildings and of the policy ofthis state agency about smoking anywhere on the site.

The monitor provided signs at his next visit. They wereplaced at the entrances used by the workers andremained where they were posted until the project wascompleted. Foremen were provided a copy of WorkplaceSmoking Restrictions and the project manager notifiedeveryone working on the job of the rules. Between thesignage and the threat of firing, the site became compli-ant with both the law and policy.

There was high compliance on this site; signs left byBUILT staff were later seen displayed prominently and ina location where workers needed to go everyday (tools).

Results

Overall, where schools were usually in compliance withLabor Code §6404.5, they were not complying withschool district policies banning any tobacco use on thecampus. There seemed to a strong relationship betweenappropriate signage placements and smoking; siteswhere signs were visible daily were less likely to havesmoking. In addition, a strong on-site manager couldset the norm for smoking or not smoking; i.e., if the on-site project manager or superintendent smoked, therewas usually no compliance on the site. No examples ofenforcement per se were observed; that is, no one wasfired for using tobacco on these sites.

21

State Building and Construction Trades Council, AFL-CIO

“Building Trades Unions Ignite Less Tobacco”

Construction Site Tobacco Use Monitoring Check-List

Project Name: ______________________ Location: ___________________________ LLA: ___________

Duration of Project_____________________________________ Date Visited _______________________

Unions Present: _________________________________________________________________________

Number of Employees: _________ Contact Persons: ____________________________________________

1. Is this site:

_____ Indoors?

_____ Outdoors?

_____ Both?

2. Is this a designated Tobacco-free work site outdoors and indoors?

_____ Yes (explain)__________________________________________________________________

_____ No

_____ Don’t Know

3. Are there four walls and a ceiling/roof (in which case this part of the site is cover by Labor Code 6404.5?)

_____ Yes

_____ No

4. Are ‘No Smoking’ signs posted?

_____ Yes

_____ No

5. Are these the correct signs for the job?

_____ Yes

_____ No

6. Are the ‘No Smoking’ signs written in the language(s) spoken by the workers?

_____ Yes

_____ No

22

7. Are ‘No Smoking’ signs posted at every entrance or at appropriate places?

_____ Yes

_____ No

_____ Some

8. Are there designated smoking areas?

_____ Yes

_____ No

9. Are the designated smoking areas correctly identified?

_____ Yes

_____ No

10. Do these areas include amenities? (Seating, Ashtrays, Shelter, Spitoons)

_____ Yes

_____ No

11. Are there similar designated areas for non-smokers?

(If there is a special shelter for smokers, there needs to be one for non-smokers)

_____ Yes How? ____________________________________________________________________

_____ No

12. Were the subcontractors made aware of the No Smoking policy?

_____ Yes

_____ No

13. How are the workers/foremen made aware of the tobacco use policy?

(For example, are they notified before taking the call or do they learn about it when they start work?)

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

14. Is there evidence of tobacco use on this site?

_____ Yes

_____ No

15. If Yes, which of the following?

_____ Ashtrays/Spitoons _____ Used lighters/Matches _____ Butts/Chew Spit

_____ Trash/Empty Packs of Chew Cans _____ People smoking in plain sight

_____ Other

23

16. Is there any material available about smoking cessation?

(at a nursing station, construction trailer, lunch room)

_____ Yes Where? __________________________________________________________________

_____ No

Notes, Observations, Comments, or Recommendations for Compliance —

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

24

By the end of this workshop, participants will be able to:

1 Describe what is included in California’s workplacesmoking ban and how it is enforced.

2 List three reasons why the workplace smoking ban isimportant in construction.

3 Identify obstacles to compliance with the workplacesmoking ban at construction sites and strategies forovercoming those obstacles.

Welcome, introductions, overview of workshop . .5 minutes

The smoking ban in construction . . . . . . . . . . . . 45 minutesDialog – (5 minutes)Discussion of dialog – (40 minutes)

What is the law?Why is it important?When does it take effect (at what stage in the project)?Why do people comply/not comply with the law?What about the rights of smokers/non-smokers?

Roles and responsibilities . . . . . . . . . . . . . . . . . . .15 minutesWho enforces the law?Contractor/union/owner roles in assuring complianceHow to determine if the worksite is in compliance

Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 minutes BUILT materialsAssistance with complianceTobacco educationCessation

Sum up/Action plan/Evaluation . . . . . . . . . . . . .15 minutes

BUILT Labor-Management Training on Compliance with the Workplace Smoking Ban

Objectives

Agenda(Total time: 90 minutes)

25

Activity Time Materials

A. Introduction to the Workshop 5 minutes Flip chart with objectives.

Trainers and participants introduce themselves and review the objectives and agenda for the workshop.

B. The smoking ban in construction 45 minutes Handout, DialogFlip chart, pen

Trigger dialog; group discussion. Booklet, Tobacco-Free Construction Worksites

C. Complying with the law/roles and responsibilities 15 minutes Handout, Compliance

ChecklistGroup discussion. Flip chart, pen

D. Resources 10 minutes Brochure, CaliforniaStatewide Workplace

Trainer goes over BUILT materials and Smoking Restrictionsother resources. Booklet, Quitting

Tobacco – The Next StepBUILT brochures

E. Sum Up/Action Plan/Evaluation 15 minutes Flip chart, penEvaluation forms

Participants share key messages from the workshop and list possible actions to improve compliance at their worksites.They fill out BUILT evaluation sheets.

Total Time: 90 minutes

Setting: Discussion at a meeting of the joint LaborManagement health and safety committee...

Terry: Company risk manager; management rep to committee

Alex: Worker appointed as a union representative to committee

Pat: Worker appointed as a union representative to committee

Lee: Senior Supervisor, management representative to committee

Alex: We’re getting complaints from some of the crew aboutcigarette smoke at the site where the new building addi-tion is going up.

Pat: Yeah, some of the guys say once the walls are up, thereshouldn’t be smoking allowed, but the others say it’s stilloutdoors. Isn’t there a law about this?

Terry: There is a law that says no smoking in indoor work-places, but I’m not sure of the exact definition of “in-door.” We’ll have to find out.

Lee: I’ve gotten complaints about people smoking in areasthat are definitely indoors. I thought everyone knew itwasn’t allowed. What can we do to enforce the rule? Are wesupposed to do it, or is there an outside agency that does?

Alex: Well, we don’t want to have to go around telling peoplethey can’t smoke, do we?

Terry: But it’s important for people to understand why beingexposed to cigarette smoke isn’t healthy, isn’t it?

Pat: Yeah, and especially for all of us in construction—howmany people do you know with lung cancer?

Alex: I know that cigarette smoke has a lot of bad stuff in it,even some of the same chemicals that we use on the job!But you know how some of the guys are – they don’tthink anything can hurt them. Anyway, they say this isAmerica and it’s their right to smoke.

Terry: OK, OK, so what are we going to do?

26

Dialog

27

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Contra Costa BTC935 Alhambra Ave.Martinez, CA 94553(925) 228-0900

Fresno, Madera, Tulare, Kings BTC2300 Tulare St #150Fresno, CA 93721(559) 457-0894

Humboldt, Del Norte BTC840 E St #12Eureka, CA 95501(707) 443-8128

Imperial BTC PO Box 1327El Centro, CA 92244(760) 352-3454

Kern, Inyo, Mono BTC 26 Bernard St #30Bakersfield, CA 93305(661) 323-7957

Los Angeles/Orange BTC1626 Beverly BlvdLos Angeles, CA 90026(213) 483-4222

Marin BTC4174 Redwood HwySan Rafael, CA 94903(415) 472-5123

Mid Valley, Yuba, Sutter, Glenn,Plumas, Butte, Colusa BTC

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Monterey, Santa Cruz BTC100 12th StreetBuilding 2902, Suite #107Marina, CA 93933(831) 883-1188

Napa, Solano BTC2540 North Watney WayFairfield, CA 94533-6732(707) 426-6454

Northeastern, Shasta, Trinity,Lassen, Tehama, Modoc,Siskiyou BTC

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Sacramento, Yolo, Amador,Nevada, Placer, El Dorado,

Sierra BTC2840 El Centro Rd, #107Sacramento, CA 95833(916) 924-0424

San Bernardino, Riverside BTC1074 East La Cadena Dr, #8Riverside, CA 92501(951) 684-1040

San Diego BTC3737 Camino Del Rio South #202San Diego, CA 92108(619) 521-2914

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Stanislaus, Merced, Mariposa,Tuolumne BTC

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Building Trades CouncilsAcross California (March 2007)

28

29

State Building and Construction Trades Council, AFL-CIO

“Building Trades Unions Ignite Less Tobacco”

&Tobaccothe Construction Worksite

Tailgate Safety Education

This Tailgate Safety Topic is appropriate if any of the followingapply on your jobsite;

1. If the jobsite is covered under California State Labor Code.

2. If the jobsite is an Elementary, Middle or High School inCalifornia.

3. If any materials used on the jobsite require an MSDS.

4. If any toxic materials are used on the jobsite.

5. If any workers may be exposed to ‘second hand smoke’.

6. If there are any ‘smokers’ or ‘chewers’ on the jobsite.

7. If profit and productivity are important on this jobsite.

There are several areas to cover when addressing tobacco andjobsite safety so this training guide is broken up into ten (10)separate blocks for your convenience. Please select the blocksappropriate for your jobsite and time requirements, but besure to include blocks 2, 4, 5 and 10.

Title: Estimated Time:

The Danger ‘In The Smoke’ . . . . . . . . 2.5 minutes

The Dangers of Secondhand Smoke . 1.5 minutes

There is No Safe Exposure Level . . . . . . 1 minute

The Distraction Factor . . . . . . . . . . . . 1.5 minutes

Laws about Smoking in California . . . . 2 minutes

School Projects are Special . . . . . . . . 2 Minutes

$$$ You Pay for More than Cigarettes $$$ . . . . . . . . . . . . . . . . . . . 2 Minutes

How Smoking affects Production and Profit . . . . . . . . . . . . 1.5 Minutes

Help for Smokers Who Want to Quit . . 2 Minutes

Tobacco Use on this Jobsite . . . . . . . . . 1 Minute

Total 17 Minutes

This Tailgate Safety Topic will focus on a toxic substancefound on almost every construction site in the world:Tobacco Products—Cigarettes, Cigars and Chew.

30

Current statistics indicate

that building trades

workers use tobacco prod-

ucts at a rate two to three

times higher than the

general population

(depending on the trade).

Block

10

Block

9

Block

8

Block

7

Block

6

Block

5

Block

4

Block

3

Block

2

Block

1

The Danger ‘In The Smoke’

Everyday in the performance of our jobs, we encounter dan-gerous situations. We take precautions to protect ourselves.We wear boots, safety glasses and hardhats at all times. Wewear gloves, hearing protection, respirators and other per-sonal protective equipment (PPE) whenever necessary. Wealso demand that our employers and everyone working onour jobsite give proper notice when new dangers are presentas a result of the ever-changing operations and processesinherent with construction. We do this because, mostimportant to all of us, is our safe and healthy return homeeach evening to our families.

Yet, when you smoke or chew tobacco products you areintentionally taking in many of the same chemicals that weall demand protection from everyday at work. More than 50of the 4,000 chemicals in tobacco and tobacco smoke areknown carcinogens (cancer-causing chemicals).

Surgeon General Richard Carmona said: “Tobacco is thesingle most preventable cause of cancer, heart disease anda number of other diseases. Smoking causes disease innearly every organ of the body, at every stage of life.”

How many of you would be concerned if I was to tell youthat for the past week on this jobsite we’ve been exposed tounknown levels of Hydrogen Cyanide, Carbon Monoxide,Lead, Acetone, Formaldehyde, and Nitric Oxide?

Well, if you smoke or if you’ve been exposed to second handsmoke, you have been. These are only a few of the toxic chem-icals present in tobacco smoke. An MSDS for a pack of ciga-rettes would be more than 200 pages long—if there was one.

So why aren’t there MSDS requirements for tobacco products?

Because there is a specific exemption for tobacco and tobacco products under the U.S. Department of Labor -Occupational Safety and Health Administration code29CFR1900.1200(b)(6)(iii).

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Block

1

The tobacco industry is very powerful and has seen to itthat tobacco is excluded from regulations in all publicagencies tasked with product and worker safety. Tobacco isnot regulated by the Food and Drug Administrationbecause it is not classified as a food or a drug. Tobaccoproducts have no actual useful purpose. But, when used asdirected, tobacco will cause disease and death.

(Material Safety Data Sheets are required and regulated by the U.S.Department of Labor - Occupational Safety and Health Administration.)

The Dangers of Secondhand Smoke

Respect for the rights of all workers should be the corner-stone of every labor union. Preventing exposure to ‘Second-hand Smoke’ should be included in the safety and healthlaws we have fought hard to get because every worker has theright to breathe clean air.

Secondhand smoke is considered a Class A carcinogen.

On January 26, 2006, the California State Air ResourcesBoard classified Secondhand Smoke as a Toxic AirContaminant, which means there is no safe exposure limit.The laws will probably change to limit the exposure to work-ers throughout California, regardless if they are workingindoors or outdoors. The secondhand smoke that comes offthe tip of a cigarette has a higher level of many toxic chemi-cals than what a smoker takes in directly. Each year, morethan 5,000 Californians die from secondhand smoke.

On our jobsites, we respect each other in regard to tools,materials, space and time—not because we’re required to,but because we know that only through co-operation andcoordination will all the tasks come together and become afinished project.

So if you do light up, extend that same respect to thoseworking around you, above you or wherever your smoketravels. Show respect for everyone’s right to breathe clean air.

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Block

2

The secondhand smoke

that comes off the tip of a

cigarette has a higher level

of many toxic chemicals

than what a smoker takes

in directly

By inhaling tobacco smoke,

you shut down your body’s

defense systems…

There is No Safe Exposure Level

We work with and around chemicals and products thatexpose us to toxins all the time. When we follow the guide-lines set out in the MSDS we are safe, right?

Well, the ‘safe levels’ determined by safety standards take intoconsideration the human body’s many built-in defensesagainst toxins. That’s why exposure at or above certain levelsrequires Personal Protective Equipment (PPE).

However, when we breathe in tobacco smoke, our naturaldefenses are compromised and our bodies become muchmore vulnerable to the toxic effects of the products we’reworking with, not to mention the tobacco itself

For example, if you are a non-smoker and work aroundasbestos, your risk of cancer is 5 times higher than the gen-eral population. But if you smoke AND work aroundasbestos, your risk of cancer is more than 50 times higher!

By inhaling tobacco smoke, you shut down your body’sdefense systems and are much more susceptible to harmfrom many of the chemicals you work with.

And don’t think for a minute that ‘Chew‘ might be a goodoption if you can’t smoke on the job. Chew containsformaldehyde, lead, arsenic, and benzene. It may not causelung cancer or emphysema, but chew does cause variouscancers of the mouth and throat.

The Distraction Factor

Everyone here knows the importance of being alert andmaintaining a safe workplace. Even when we’re all doing agreat job, a construction worksite can be a dangerous place.We’re involved in and exposed to procedures that require ourundivided attention. A distraction of a few seconds can causean accident that puts the safety and lives of ourselves andthose around us in jeopardy. If you’re putting a dip in yourmouth or lighting up another cigarette, does the task at hand

33

Block

3

Block

4

really have your attention? Are you ready for the unexpected?

Not according to the statistics. Statistics show that workerswho smoke are 40% more likely to be injured on the job.

You know the risks of working in the construction industry, sowhy would you increase the chances of illness or injury? Andfor non-smokers, how many times have you been distractedfrom the task at hand as a result of a shift in the wind thatbrings a cloud of smoke or a spray of spit in your direction?

Smokers pay higher auto insurance premiums. Why? Becauseinsurance companies have proven that a smoker is morelikely to be distracted behind the wheel and have an acci-dent, so they have tried to limit their risk by raising the rates.

Construction is dangerous enough; we need to decrease theodds of an accident.

Laws about Smoking in California

Construction sites are often overlooked when it comes toenforcing the California State Labor Code covering exposureto secondhand smoke. This is due to the lack of knowledgeabout when the law is in effect and when it is not.

California Labor Code Section 6400 deals with theResponsibilities and Duties of Employers and Employees(including construction). Section 6404.5 of the code wentinto effect January 1, 1995 and ‘Prohibits the smoking oftobacco products in all enclosed places of employment inthis state.’ This law has been enforced in nearly every type ofworksite in California, except on construction worksites.This oversight is now getting attention.

What is an enclosed worksite?An enclosed place of employment has been defined as ‘anyworkplace having walls and a roof.’ When applied to a con-struction work site, it does not matter that windows anddoors have not yet been installed or that there may still belarge openings in the building.

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Block

5

Under Labor Code 6404.5 the following penalties can beassessed to both an employer and the individual smoker. Theenforcement of this law is the responsibility of local govern-ment entities, which may have laws that are more restrictivethan these statewide minimum penalties.

• First Violation $100.00• Second Violation $200.00• Third Violation $500.00• If an employer has three violations within a year and

smoking continues, any worker can file a complaint withCAL-OSHA which has the authority to fine up to $70,000,depending on the seriousness of the situation.

Bottom line—in California, once there are four walls and aceiling (or roof), Labor Code 6404.5 takes effect. You can nolonger smoke inside, even if the windows or doors aren’t yetinstalled.

Local Ordinances:Several local governments around the state, including theBerkeley and Fairfield City Councils, the Marin and ContraCosta County Board of Supervisors, and other local govern-ments, are passing much broader ordinances to protectworkers, citizens, and children from the effects of second-hand smoke.

School Projects are Special

In addition to the protections provided for workers by LaborCode 6404.5, construction sites at elementary, middle andhigh schools across California may have additional regula-tions regarding tobacco use.

All school districts receive allocations from many sources,one of which is a state fund called Tobacco-Use PreventionEducation (TUPE). In order to qualify for TUPE funds, thedistrict must certify that all district property is ‘TobaccoFree.’ This includes school buildings, district buildings, anddistrict-owned vehicles. A TUPE coordinator is assigned toeach county and is tasked with ensuring the district is in

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CAL-OSHA…has the

authority to fine up to

$70,000, depending on

the seriousness of the

situation.

compliance and enforcing the ban. Districts found not to bein compliance could face the loss of TUPE funds. As schooldistricts move to enforce these rules, they may call for theremoval of the individual violator, and in some cases thecontractor or employer, from the jobsite.

School districts across California have declared all schooldistrict property ’Tobacco Free.’ This ban includes cigarettes,cigars, and all forms of chewing tobacco and covers theentire property—indoors, outdoors, parking lots and ballfields—regardless if children are present or not.

Other Worksites with Special Smoking Restrictions:Refineries: Anyone who has worked at a refinery knows thatfor obvious safety reasons, smoking is limited to specific areas.Hospitals: Many hospitals are 100% smoke free for healthand combustible gas reasonsHigh-Tech Clean Rooms: High-tech clean room sites are100% smoke free.

Smokers need to pay attention to the smoking restrictionson each and every job, so they don’t face discipline for vio-lating the rules set by the project owners.

$ You Pay for More than Cigarettes $

Then there’s the cost. Those of you who smoke or chewknow how expensive a habit it is. At $4.00 a pack, a pack aday habit would cost $120/month or about $1400/year, butthere are other costs, too:

Higher Auto Insurance: distraction = higher risk = higher ratesHigher Home Owners Insurance: chance of fire + distraction= higher risk = higher rates Higher Life Insurance: more health problems + lower lifeexpectancy = higher risk = higher ratesThe average non-smoking worker misses 3 days of work ayear. $35/hour x 24 hours = $840.The average smoking worker misses 6 days of work a year.$35/hour x 48 hours = $1,680.

Smokers are sick more often than non-smokers and become

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seriously ill much younger than non-smokers. At a pack aday, the average male smoker lives 13.2 years less than a non-smoker;, the average female—14.5 years less. Nearly 440,000people die each year in the U.S. due to tobacco-related dis-ease, making it the most deadly, preventable cause of death.

When workers covered under our health and welfare trustsstop smoking, they are healthier, their families are healthier,and their co-workers are healthier. If all these people arehealthier, they won’t be going to the doctor as often. If theydon’t go to the doctor as often, our trustees can negotiatelower rates or smaller increases.

Fully 12% of health care costs are attributed to smoking –that money could instead go on your paycheck or into yourpension.

Smoking costs you a lot more than you might havethought!

How Smoking Affects Productivity and Profit

• If a worker smokes a pack of cigarettes a day, that’s 20 cigarettes.

• He sleeps 8 hours a day so he’s awake for 16 hours.• He’s at work for 8 hours so 10 cigarettes, one at lunch and

one at each break leaves 7 cigarettes to smoke during work-ing hours.

• If he can’t smoke in the building (and he can’t, once theroof is in place) he has to go outside.

• It may take him 5 minutes to stop what he’s doing, drop histools, and walk outside. Then he has about 3 minutes forthe cigarette and 5 minutes to get back inside, pick up thetools and start being productive again.

• In total, that’s about 13 minutes per cigarette, for a total of91 lost minutes of productive time a day. That’s over 1.5hours. So instead of eight hours work for eight hours pay,it’s more like six and a half hours work for eight hourspay—or a loss of about 20% production.

• At $35/hour, all that cigarette time comes to $52.50 per day.

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Smokers are sick more

often than non-smokers

and become seriously ill

much younger than non-

smokers.

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• At 18 work days each month, this adds up to $945/monthor $11,340/year.

Statistics show that smokers miss 6 days a year due to illnesscompared to 3 days a year for non-smokers. This is lost pro-ductive time—and lost income for the smoker.

The Centers for Disease Control and Prevention (CDC) esti-mates that the total cost of smoking in the United Statesexceeds $167 billion per year. This estimate includes $75 bil-lion in direct healthcare costs and $92 billion in lost pro-ductivity resulting from years of productive life lost due topremature death as a result of smoking tobacco.

Some employers have started asking about smoking andtobacco use on job applications and in job interviews. It isnot against the law to discriminate against someone fortobacco use. Why do they do this? Because productivityrelates to profit and employees who are healthier and livelonger are more productive.

Help for Smokers Who WANT to Quit

Nicotine is an addictive drug, and it has been proven time andtime again to be more difficult to quit than heroin. Accord-ing to recent studies, all drugs affect the brain in a similarfashion; they are acting at the molecular level of your brain.How addictive is nicotine? More than 70% of all smokers wouldlike to quit, yet only about 3% of those who try are successful.

Quitting isn’t easy!

If you do quit, your body will begin to heal itself!

There is hope! Quitting can lead to a long, healthy life as a non-smoker. The positive effects of quitting smoking are immediate:• In 20 minutes, the heart rate will drop to normal.• In 12 hours, the carbon monoxide level in the blood drops to

normal.• After 2 weeks, lung function begins to improve.• After 1 month, the coughing and shortness of breath decrease.

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• After 1 year, the risk of heart attack is cut in half.• After 5 years, the risk of stroke is the same as a non-smoker.• After 10 years, lung cancer risk is half that of a smoker. Other

cancer risks are significantly reduced.• After 15 years, the risk of coronary heart disease is the same

as a non-smoker!

There is HOPE and HELP!It takes most people 8 or more tries to actually succeed atquitting. Most people who try to quit cold turkey don’t suc-ceed—but here are some things you can do that might help:• If you have a family member who also smokes, try to quit

together.• Contact your local union or health care provider to see if

they offer cessation benefits. Many health and welfare fundscover nicotine replacement products like the patch or gum.

• Call the California Smokers’ Helpline. It’s free and confi-dential and an easy number to remember:1-800-NO-BUTTS and 1-800-844-CHEW

If you want to quit, whether it is your first time or if you’vetried before, there are lots of different ways to kick tobacco.Many products, medications and therapies are out there tohelp you! We have information available for you in our jobshacks, at your union hall and in the health and welfare offices.

Take a chance on living a healthier and longer life—foryourself, your family, friends and co-workers. Quit Tobacco!

Tobacco Use on This Jobsite

If this is NOT a school site:

Section 6404.5 of the California Labor Code ‘Prohibitsthe smoking of tobacco products in all enclosed places ofemployment in this state’. An enclosed place of employ-ment has been defined as any workplace having wallsand a roof. Windows and doors need not be in place.

On this particular jobsite, you may not smoke in the follow-ing places:

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California Smokers’

Helpline:

1-800-NO-BUTTS

1-800-844-CHEW

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(do a walk-around or describe the indoor areas of the job-site where smoking is now not allowed. For example, ‘youcannot smoke on floors one, two, and three, and, of course,you cannot smoke in the trailer or job shack’)

If there are designated SMOKING or CHEWING areaspoint out where these are located.

(Display a construction-site map identifying smoking orchewing areas if possible.)

If this is a new school, school remodel or schooldistrict building:

This is a NO SMOKING jobsite!

Most school districts in California receive part of their fund-ing from a state fund called TUPE (Tobacco-Use PreventionEducation). Before receiving these funds the District mustcertify to the California Department of Education that theyhave and enforce a policy that prohibits the use of tobaccoanytime in district-owned buildings, on district property orin district vehicles. This policy must be in effect whether stu-dents or staff are on the property at the time or not.

If any of us use tobacco on this jobsite, even in a parking lot,we are jeopardizing the school district’s funding. The schooldistrict can have us removed from the project and have ourcontractor disqualified from future bidding.

SMOKING or CHEWING will not be tolerated on this job-site!

[If you have an enforcement process, please let the workersknow (for example, caught the first time—written up;caught the second time—suspended for X days; caught thethird time—not allowed to work on this site.)]

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NO SMOKING

ALLOWEDexcept in designated areas

NO SE PERMITEFUMARen este lugar de construcción