2 FAM 1000
MISCELLANEOUs
Tobacco and other related substances in the workplace
(CT:GEN-560; 06-05-2020)
(Office of Origin: A/GIS/DIR)
2 FAM 1011 SCOPE
2 FAM 1011.1 Authorities
(CT:GEN-560; 06-05-2020)
Authorities include:
a. Executive Order 13058, Protecting Federal Employees and the Public From Exposure to Tobacco Smoke in the Federal Workplace.
b. Executive Order 12196, Occupational safety and health programs for Federal employees.
c. General Services Administration [FMR Bulletin 2009-B1], Protecting Federal Employees and the Public From Exposure to Tobacco Smoke in the Federal Workplace.
2 FAM 1011.2 Applicability
(CT:GEN-560; 06-05-2020)
This policy applies to:
a. All domestic and overseas Department of State employees, family members, contractors, volunteers and visitors, and personnel (employees and contractors) working for other federal agencies while in Department of State facilities, whether owned, rented or leased.
b. All forms of tobacco, including cigarettes, cigars, pipes, e-cigarettes (vaping, etc.), other smoking media, and smokeless tobacco.
c. All other smoking substances including, but not limited, to, clove cigarettes, bidis, hookahs, etc.
2 FAM 1011.3 Exclusions
(CT:GEN-560, 06-05-2020)
This policy does not apply to:
a. Workplaces or adjacent outside areas not under the operational control of the Department of State either domestically or at overseas posts that serve as a permanent or intermittent duty station for one or more Department of State employees.
b. Workplaces in countries and localities that may have regulations that are more stringent than this policy. In those instances, the Department of State will abide by the more stringent regulations.
2 FAM 1012 REQUIREMENTS
(CT:GEN-560; 06-05-2020)
a. All forms of tobacco including cigarettes, cigars, pipes, e-cigarettes, bidis, hookahs or other similar smoking media; and smokeless tobacco, such as snuff or chewing tobacco, are prohibited in all Department of State occupied space whether owned, rented, or leased, specifically including the following areas:
1. Interior space including but not limited to offices, corridors, restrooms, cafeterias, stairways, elevators, and other public space on floors;
2. Courtyards and patio areas;
3. Within 50 feet of openings to buildings including, but not limited to doorways, waiting areas, open windows, and air intake ducts;
4. Canopies leading to entrances and exits;
5. Garages including garage entrance and exit areas;
6. Vehicles whether Department owned or leased;
7. Bus shelters and surrounding areas if located on Department property;
8. Rooftops;
9. At and within 50 feet of children's playgrounds;
10. At and within 50 feet of children's facilities;
11. At and within 50 feet of outdoor recreation facilities operated by the Department, including swimming pools, soccer and baseball fields, tennis courts, etc.
b. Exceptions to these requirements include:
1. Residential buildings, although smoking and other tobacco use is discouraged in residences. In residences that are also workplaces, management must develop practices to minimize potential smoking exposure to non-smoking personnel (e.g., designated smoking areas).
2. An outdoor location within 50 feet of building openings may be temporarily designated as a smoking area in order to meet security or mission requirements. This designation must be approved in writing by facility or post management. When doing so, consideration must be given to non-smokers who may be potentially adversely impacted.
3. Over-the-counter or prescription nicotine replacement medications including gum, lozenges, or skin patches intended to support tobacco cessation programs are permissible if their use does not expose others to nicotine.
2 FAM 1013 ENFORCEMENT
(CT:GEN-560; 06-05-2020)
The success of this policy depends on the thoughtfulness, consideration, and cooperation of both smokers and nonsmokers, as follows:
a. Managers and supervisors should enforce this policy for employees under their supervision and follow established administrative procedures including, but not limited to, cautions, counseling, and referrals for disciplinary action as appropriate. Managers and supervisors will take direct action when personally observing violations by employees under their supervision, and will follow up, as necessary, on reports by others. Department, bureau and post human resources staff will provide guidance as needed to assist managers, supervisors, and employees to comply with this policy.
b. Employees observing violations of this policy should report the situation to the relevant individual's supervisor, if known and when practical to do so. Employees who report violations of this policy will not be subject to retribution or reprisal.
c. Refusal to comply with this policy may result in removal from the premises and/or notifying the employee's supervisor for administrative action.
d. In cases where a visitor is violating this policy, Department hosts, escorts, or officials will inform the person that use of tobacco products within Department facilities is prohibited and request that they stop. Refusal to comply and may result in removal from the premises.
2 FAM 1014 FACILITY MANAGEMENT
(CT:GEN-560; 06-05-2020)
No ashtrays or smoking shelters will be provided in smoke-free areas. At a minimum, signs summarizing this policy must be posted at each vehicular and pedestrian facility entrance. Other signs may be posted at the discretion of facility managers, as appropriate.