STATE UNIVERSITY OF NEW YORK AT BINGHAMTON

OFFICE OF THE VICE PRESIDENT FOR ADMINISTRATION

Policy Type:
Security and Safety

Policy Number:
800

Last Date Revised:
7/1/14
Policy Title:
Tobacco Use and Smoking Policy
The following office is responsible for the accuracy of the information contained in this policy:

Environmental Health and Safety Office

A. PURPOSE

This procedure establishes the minimum requirements for Binghamton University’s Tobacco Use and Smoking Policy.  This policy addresses the issue of tobacco use and smoking in and around its buildings and in vehicles owned or leased by the University of the State of New York.  It is based on New York State Public Health Law Article 13-E, SUNY Policy No. 3452, and the Clean Indoor Air Act.

B. DEFINITIONS

For the purpose of this policy, the following definitions apply:

1. Tobacco is defined as all tobacco and tobacco-derived products intended for human consumption, including, but not limited to, cigarettes, electronic cigarettes, cigars, hookah-smoked products, clove cigarettes, bidis, kreteks, smokeless tobacco and snus. This definition does not include any product that has been approved by the U.S. Food and Drug Administration for sale as a tobacco use cessation product.

2. University community is defined as all employees, students, university affiliates, contractors, volunteers and visitors.

C. POLICY

The State University of New York at Binghamton is tobacco and smoke free in the following areas:

New York State Public Health Law Article 13-E section 1399-O and SUNY Policy No. 3452, states that tobacco use and smoking shall not be permitted in the following indoor areas:

1. Places of employment

2. Food service establishments

3. Enclosed indoor areas open to the public containing a swimming pool

4. All public and private colleges, universities and other educational and vocational institutions

5. Vehicles owned or leased by the University of the State of New York

Note: "Place of employment" means any indoor area or portion thereof under the control of an employer in which employees of the employer perform services, and shall include, but not be limited to - offices, school grounds, retail stores, banquet facilities, theatres, food stores, banks, financial institutions, factories, warehouses, employee cafeterias, lounges, auditoriums, gymnasiums, restrooms, elevators, hallways, museums, libraries, bowling establishments, employee medical facilities, rooms or areas containing photocopying equipment or other office equipment used in common, and company vehicles.

The following is university policy with regard to smoking:

Outdoor areas:

1. Smoking is prohibited within 25 feet of flammable materials.

2. Smoking is prohibited within 25 feet of air intake vents and trash cans.

3. Smoking is prohibited within 25 feet of the entrance to any building on campus or from operable windows in a building.

4. The loading docks of the Glenn Bartle Library, the Computer Center, the Engineering Building, Events Center and all adjacent areas covered by the overhead deck.

ALL EMPLOYEES, STUDENTS AND VISITORS MUST COMPLY WITH THE BINGHAMTON UNIVERSITY TOBACCO USE AND SMOKING POLICY.

D. COMPLIANCE

Adherence to the policy cited above is the responsibility of the entire university community. It is expected that all employees, students, university affiliates, contractors, volunteers and visitors comply with this policy. Members of our university community are empowered to respectfully inform others about the policy in an ongoing effort to enhance awareness and encourage a culture of compliance. An individual who feels that there has been a violation of this procedure may invoke the following actions:

1. The individual may attempt to resolve the problem informally by requesting that the individual comply with the policy.

2. If direct appeal fails and the behavior persists, the individual may contact the Office of Human Resources (for infractions with employees, contractors, volunteers or visitors) or the Dean of Students (for infractions with students) for referral to the appropriate administrative official.

3. Repeat offenses by the same person may be dealt with through already established administrative/disciplinary policies and procedures. Violations will result in referral to the appropriate university officials for disciplinary action in accordance with the established student, staff and/or faculty union contracts and codes of conduct and procedure.

E. EXCEPTIONS

Tobacco use may be permitted under the following exceptions:

1. Sponsored research involving tobacco or tobacco products, provided that the university employee obtains the prior approval of the Vice President for Research, and a waiver is requested and granted in accordance with sponsored research requirements, if any. Smoke, like any other contaminant, will be controlled.

2. By artists or actors who are participating in University-authorized performances that require smoking as part of the artistic production.

3. Educational or clinical purposes with prior approval of the Vice President for Research or Executive Vice President/Provost.

F. ADDITIONAL

1. The sale of tobacco products or tobacco related merchandise is prohibited on university property.

2. The free distribution or sampling of tobacco products and associated products is prohibited on University property.

3. Sponsorship of campus events by companies that directly produce tobacco is prohibited.

4. Organizers of public events on campus are responsible to communicate this policy and enforce it with attendees.

Management Procedures
100 - Budget and Finance 600 - Personnel and Payroll
200 - Business Affairs 700 - Binghamton University Foundation
300 - Information Technology and Information Security 750 - Research Foundation
400 - Facilities and Property 800 - Security and Safety
500 - Institutional Services 900 - Office of the Provost