On-Site Investigations of Enclosed Indoor Workplaces.

 

DEPARTMENT OF HEALTH
Division of Health Access and Tobacco

RULE NO: RULE TITLE
64I-4.002: On-Site Investigations of Enclosed Indoor Workplaces.

NOTICE OF CORRECTION

Notice is hereby given that the following correction has been made to the proposed rule in Vol. 33 No. 49, December 7, 2007 issue of the Florida Administrative Weekly.

This Notice of Correction Corrects the Notice of Development of Rulemaking that was published on December 7, 2007.

PURPOSE AND EFFECT: The purpose of the amendment is to conform the rules to the statute.

SUBJECT AREA TO BE ADDRESSED: Chapter 386, Part II, Florida Statutes, Florida Clean Indoor Air Act.

SPECIFIC AUTHORITY: 386.2125 FS.

LAW IMPLEMENTED: 381.0012, 386.206, 386.207 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Erin Levingston, Paralegal Specialist, Department of Health, 4052 Bald Cypress Way, Bin A-02, Tallahassee, Florida 32399-1743, [phone] or, [e-mail].

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

64I-4.002 On-Site Investigations of Enclosed Indoor Workplaces.

During inspections or investigations of any Florida Clean Indoor Air Act (FCIAA) complaint, DOH environmental health personnel shall document all observed violation(s) of Section 386.206, F.S.

(1) The proprietor or other person in charge of an enclosed indoor workplace must develop a policy regarding the prohibition of smoking in an enclosed indoor workplace. Such policy must include a prohibition of smoking in the enclosed indoor workplace. Should there be no written policy, a violation of Section 386.206 (1), F.S., exists and will be documented as: “Failure to develop a policy regarding smoking prohibition.”

(2) The proprietor or other person in charge of an enclosed indoor workplace shall implement a policy regarding smoking prohibition. If persons are observed violating the policy, and the proprietor or other person in charge witnesses or is made aware of a violation of Section 386.204, F.S., in the enclosed indoor workplace but nonetheless fails to implement the policy, a violation of Section 386.206(1), F.S., exists and shall be documented as: “Failure to implement a policy regarding smoking prohibition.”

(3) The proprietor or other person in charge of an enclosed indoor workplace where a smoking cessation program, medical research, or scientific research is conducted shall conspicuously post, or cause to be posted, signs designating areas where smoking is permitted for such purposes within the enclosed indoor workplace. If such signs are not posted then a violation of Section 386.206(3), F.S., exists and will be documented as: “Failure to post signs designating smoking permitted areas.”

(4) The proprietor or other person in charge of an enclosed indoor workplace where, prior to the adoption of s. 20, Art.X of the State Constitution was required to post signs under Section 386.206, F.S., shall continue to post signs stating that smoking is prohibited within the enclosed indoor workplace. If such signs are not posted then a violation of Section 386.206(2), F.S. exists and will be documented as: “Failure to post smoking prohibited signs.”

Specific Authority 386.207, 386.2125, FS.Law Implemented 386.206, 386.207 FS. History–New 2-27-94, Amended 2-19-96, 4-2-96, Formerly 10D-105.009, Formerly 64D-1.002, 64E-25.002, Amended 11-5-02, 8-16-04,________.