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Smoking ban affects ag operations

Published on 01/18/2007

"No smoking" signs are popping up all over Ohio since a statewide smoking ban is now in effect.

While smoking is banned in many indoor public places, the state can’t enforce the ban until the rules and regulations are written, which could take up to six months. In the meantime, there are still some questions about the ban, which was approved by voters in November.

Specifically, Ohio Farm Bureau has identified three areas that need clarification for its members. The first is whether employer-provided housing is considered a "private residence," which would be exempt from the smoking ban unless the employer says the facility is smoke free, said John Wargowsky, OFBF’s director of labor services and policy.

"For the migrant work force, it could be difficult to attract workers if your housing has to be smoke free," he said.

The second issue deals with smoking in vehicles. The ban says smoking is not allowed in vehicles but does not provide a definition of what a vehicle is. Wargowsky said that if this is not clarified, a vehicle could be considered a tractor or combine.

Another question that needs to be clarified is whether independent contractors who work on the premises are considered employees. If they are, then family farmers who do not hire employees but engage contractors would be subject to the smoking ban, Wargowsky said.

For those who need to post "no smoking" signs, they can be found at the Ohio Department of Health’s Web site. Wargowsky noted that the "no smoking" symbol may be in color or black and white, and the signs need to be displayed at each entrance to a public place or place of employment. For farmers, that would mean every barn, shed and greenhouse where nonfamily employees work, he said.

The smoking ban also requires that all ashtrays be removed from areas where smoking is prohibited, according to the health department, which is in charge of developing the rules and regulations of the smoking ban.

Wargowsky said Farm Bureau members may want to build an outdoor patio since smoking is permitted on them for employees who normally work inside.

For more information about the specifics of the smoking ban, visit OFBF’s Web site, www.ofbf.org, and click on featured links to access the health department’s Web site.

 
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