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Ohio Farm Bureau played a role in fine-tuning the rules for enforcing Ohio’s indoor smoking ban.

Ohio voters approved the smoking ban in November, and state officials have been gathering input about the rules and regulations since then. On Feb. 27, John Wargowsky, OFBF’s director of labor services and policy, testified at a public hearing about three areas of the draft rules that Farm Bureau was concerned about. All of Farm Bureau’s suggestions were accommodated.

"We felt that some of the wording needed to be changed so there was no confusion," Wargowsky said. "It was a very friendly exchange."

The first was whether employer-provided housing was considered a "private residence," which would be exempt from the smoking ban unless the employer said the facility was smoke free. Ohio Department of Health officials determined that employer-provided housing is a private residence. Wargowsky noted that if employers put up no-smoking signs, they could be subject to regulation. He recommended that employers and employees work out an informal agreement.

The second question was whether independent contractors who worked on the premises were considered employees. If they were, then family farmers who did not hire employees but engaged contractors would have been subject to the smoking ban. The draft rules had said contractors working at private residences were not subject to the smoking ban, and Farm Bureau felt the same should apply for family-owned businesses.

"We said family-owned businesses should be treated on the same scale as private residences, which the Ohio Department of Health agreed with," Wargowsky said.

The last area had to do with the posting of no smoking signs, which several Farm Bureau members said would be cumbersome as the draft rules were written. One vegetable grower said he would have to post more than 150 signs, Wargowsky said. Health officials changed the language to say no smoking signs had to be posted wherever there was a pedestrian entrance.

"The health department appreciated our views and it went smoothly," Wargowsky said.

On April 16, the Joint Committee on Agency Rule Review will consider the final draft of rules. If the agency signs off on the rules, enforcement could begin as early as April 26.