Current through Register Vol. 35, No. 6, March 26, 2024
A. Scope: This
regulation constitutes the written policy statement required by the act for all
agencies using division premises or leasing real property pursuant to the terms
of leases that must be approved by the division under the requirements of
Section
15-3-2 A
NMSA 1978. Nothing in this regulation should be construed as prohibiting user
agencies from establishing rules on smoking policy within and for such agencies
where such agency rules explain, implement, or embellish the act or this
regulation.
B. Designation of
smoking permitted and non-smoking areas:
(1)
The exterior signs: The director shall post signs on all public entrances of
division buildings pursuant to Section
24-16-8 NMSA
1978, or designate a state agency occupying the building to post the required
signs, pursuant to the procedures of Section 6.4 [now Subsection D of 1.5.17.9
NMAC]. The exterior signs must be conspicuously posted on or near all public
entrances. The signs shall either state "no smoking" or "no smoking except in
designated areas." Such signs may be affixed to interior surfaces if the signs
are readily visable from the exterior of the building.
(2) The interior signs: The director shall
designate smoking-permitted areas in every enclosed indoor building area in
division buildings or shall designate the entire building as a non-smoking
area. Where smoking-designated areas exist in a building, the remainder of the
building shall automatically be a non-smoking area. Whenever an agency is
assigned a specific area of a division building by the director, the agency
head shall make such designations.
C. Signs: Upon designation of
smoking-permitted areas, the director or agency head shall notify building
services or the manager of the location and type of signs to post. The
designations may also include areas for the posting of "no smoking" signs. The
building services director shall post and maintain the signs for Division
buildings within the city limits of Santa Fe, New Mexico. The manager of each
building or agency head shall post and maintain the signs for division
buildings outside Santa Fe city limits. Agencies who do not require building
services or the manager to post signs, may post their own signs except for
those signs to be affixed in a permanent manner, such as bolting or nailing
into a wall or door. Agencies installing their own signs shall be responsible
for maintaining the signs. Types of signs:
(1)
"No smoking", as designated in appendix 8.1;
(2) "No smoking except in designated areas",
as designated in appendix 8.2;
(3)
"Smoking permitted area", as designated in appendix 8.3;
(4) All signs shown in appendix 8.1 through
8.3 are full size.
D.
Required use of signs; installation and maintenance: The signs designated under
Section 6.3.1 [now Paragraphs (1) (2) and (3) of Subsection C of 1.5.17.9 NMAC]
or signs with the same wording and are otherwise substantially similar shall be
the only signs used by building services and by the manager. Building services
or the manager may install and maintain the signs in areas designated by
agencies occupying division buildings, provided however, that the agency shall
pay the cost of such signs. In making the request, the user agency requesting
building services or the manager to install signs shall provide exact locations
and designations of sign type.
E.
Compliance with Sections
24-16-6,
24-16-8 and
24-16-9 NMSA
1978:
(1) The agency head of any agency using
division premises is deemed "the person in charge of a public place" for the
purposes of establishing the duty of complying with the requirements of the
act.
(2) Common areas: The director
may designate any agency using a division premises as the agency in control of
any area of the premises that is in common use with other agencies housed in
the premises, and any exterior portions of the premises for purposes of
establishing the "person in charge of public place" under the act.
F. Ventilation systems: Any agency
seeking better ventilation systems or other physical modifications to the
premises to reduce smoke transfer to non-smoking areas must first notify
building services or the manager for maintenance, and the director, if repairs
or renovation are needed. This provision shall not apply to physical
modifications that are not affixed to the premises.
G. Designation of smoking/non-smoking work
areas:
(1) Fully enclosed work areas:
Fully-enclosed work areas are those areas within a building that have no
openings to other portions of the building other than ventilation, utility
passages, doorways (with a door than can be closed) and/or windows that can be
closed. In order to qualify as a fully-enclosed work area, the interior doors
(and windows, where applicable) must remain closed while occupants are smoking
in order to contain smoke in a smoking-permitted designated area. Any agency
employee or employees exclusively occupying a fully-enclosed office or work
area may designate that area as a smoking or non-smoking area, provided
however, that should the designation allow smoking, adequate ventilation must
exist or interior doors and windows must be closed while occupants are smoking
to limit the smoke going into non-smoking areas, provided that employers (the
agency) shall not be required to make structural or other physical
modifications to accomplish adequate ventilation. The director shall determine
what measures, if any, may be taken to establish adequate
ventilation.
(2) Report of
designation: All designations required under Section 6.7 [now Subsection G of
1.5.17.9 NMAC] shall be approved by the agency head in charge of the work area
before posting of any signs, or such designation shall be pursuant to
procedures established within that agency.
(3) No smoking areas: Smoking in division
premises is prohibited in all elevators, hallways, and nurses aid stations or
similar facilities for medical treatment of employees.
(4) Common non-work areas: Not more than
one-half of all seating capacity and floor space may be designated as a smoking
area for all employee lunchrooms, cafeterias, auditoriums, employee lounges,
public and employee restrooms and reception (waiting) rooms. The non-smoking
area must be contiguous and it must be accessible through a non-smoking
area.
(5) Common work areas:
Whenever smokers and non-smokers work together, the agency head or director of
the division to which the area is assigned shall, upon request of an employee,
provide to that employee a work area that is designated as a non-smoking area
and is smoke-free to the extent ventilation systems provide smoke-free areas,
provided that no structural change in the work areas available to that employee
is required. Structural changes shall not include modification of movable
partitions. Nothing in this regulation shall be construed as prohibiting the
user agency or the director from authorizing structural or other changes to
division buildings or requesting funding for such changes for the purpose of
improving working environments. The various divisions or smaller units of an
agency in the same building shall coordinate efforts to combine smokers or
non-smokers where such grouping does not substantially interfere with the work
duties of the employees being grouped together.
(6) Smoking in motor pool vehicles:
(a) The motor pool of GSD shall designate
twenty-five percent of all vehicles as vehicles in which smoking is prohibited.
State employees requesting "non-smoking" vehicles shall be provided such
vehicles to the extent of their availability. There shall be no smoking in all
"non-smoking" designated vehicles.
(b) Required travel: Any state employee who
is required to travel in a GSD motor pool division vehicle as a part of his
duties of employment may request other people in such vehicle to refrain from
smoking. No state employee may smoke when such request is made.
(7) Non-discrimination: Agency
supervisors of state employees may no discriminate or retaliate in any manner
against employees requesting nonsmoking or smoking permitted work areas or
vehicles or against any employee who files a compliant for violation of these
regulations or of the act.
(8)
Conference/meeting rooms: Unless adequate seating space and ventilation exist,
there shall be no smoking in conference or meeting rooms during meetings unless
all in attendance affirmatively state that smoking is permissible. Agency
employees in charge of the meeting shall enforce this provision.
(9) Pipes and cigars: Nothing in this
regulation shall be construed as prohibiting a user agency from passing rules
or regulations requiring that smoking-permitted areas shall be for smoking of
cigarettes only.
(10) Tobacco
sales: Nothing is this regulation shall be construed as prohibiting a user
agency from passing rules or regulations requiring that tobacco sales in the
user agency offices are prohibited. Existing concession sales contracts may be
modified to prohibit such sales whenever economically possible upon request by
the user agency's agency head to the director. All new concession sales
contracts may have provisions prohibiting tobacco sales when the user agency
agency head makes such request to the director.
