1. PURPOSE

This regulation sets forth the smoking policy for the Department of Agriculture (USDA). Environmental tobacco smoke, also termed second-hand smoke, is classified as a known human carcinogen by the Environmental Protection Agency. In order to protect USDA employees, contractors, and visitors from the health hazards of environmental tobacco smoke, this regulation prohibits smoking inside all USDA facilities and motor vehicles.

2. POLICY

It is USDA’s policy that smoking at USDA facilities is prohibited unless permissible in areas that meet the conditions stipulated under SECTION 5b of this regulation, and have been specifically designated as smoking areas by authorization of the head of the facility’s lead agency. This regulation is effective immediately, in compliance with 41 CFR, Part 102-74 and FMR Bulletin 2009-B1, Protecting Federal Employees and the Public from Exposure to Tobacco Smoke in the Federal Workplace. Any exceptions must be published in writing, approved by the head of the facility’s lead agency and provide for the protection of nonsmokers from exposure to environmental tobacco smoke. Changes in conditions of employment for bargaining unit employees must be implemented pursuant to 5 U.S.C. Chapter 71.

3. SPECIAL INSTRUCTIONS/CANCELLATION

This regulation is a revision of DR 4400-6, and cancels DR 4400-6, USDA Smoking Policy, dated December 16, 1996.

4. BACKGROUND

On August 9, 1997, President Clinton signed Executive Order (EO) 13058, entitled Protecting Federal Employees and the Public from Exposure to Tobacco Smoke in the Federal Workplace. On October 20, 1997, the General Services Administration (GSA) issued GSA Bulletin FPMR D-245, Protecting Federal Employees and the Public from Exposure to Tobacco Smoke in the Federal Workplace. In accordance with the requirements of EO 13058, the GSA Bulletin FPMR D-245 prohibited the smoking of tobacco products in all interior space owned, rented or leased by the executive branch, except in specially equipped designated smoking areas, outdoor areas in front of air intake ducts and certain other residential and non-federal occupied space. The bulletin also required the heads of executive agencies to evaluate the need to restrict smoking in courtyards and near doorways.

Studies conducted since the issuance of GSA Bulletin FPMR D-245 have concluded that cigarette smoking is the number one preventable cause of morbidity and premature mortality worldwide. Studies also have shown that the harmful effects of smoking are not confined solely to the smoker, but extend to co-workers and members of the general public that are exposed to secondhand smoke as well.

E.O. 13058 encourages the heads of executive agencies to evaluate the need to further restrict smoking at doorways and in courtyards and authorizes the agency heads to restrict smoking in these areas in light of this evaluation. On December 22, 2008, GSA issued FMR Bulletin 2009-B1, which replaces GSA Bulletin FPMR D-245. The new bulletin requires executive agencies to prohibit the smoking of tobacco products in all interior space owned, rented or leased by the executive branch of the Federal Government, and in any outdoor areas under executive branch control in front of air intake ducts. In addition, smoking is prohibited in courtyards and within 25 feet of doorways and air intake ducts on outdoor space under the jurisdiction, custody or control of GSA.

5. SCOPE

a. Areas Affected. This policy applies to:

(1) All buildings and facilities (or portions thereof, including garages) owned, leased, or occupied by USDA nationwide and everyone who enters such USDA buildings and facilities including, but not limited to, USDA employees, contractor employees, and visitors; and

(2) All USDA owned, commercially leased or GSA motor vehicles and everyone who occupies such USDA vehicles including, but not limited to, USDA employees, contractor employees, and visitors.