Cigar smoker in the office below

TD

My firm occupies one floor in a high-rise building in Chicago. One of our employees sits in an office directly above someone (not from our company) who smokes cigars. Needless to say, the odor rises and our employee is extremely unhappy. To make matters worse, the building management refuses to get involved.

Now, call me crazy, but hasn't smoking been outlawed almost everywhere, or do some states still allow smoking in offices with doors shut?? Do we have anything we can 'hang over building management's heads' to make them do something about this?

bsa

If a non-smoking law exists for you, it is probably a city ordinance -- try city hall or the Fire Marshall.

Don D

Right; otherwise you're probably SOL with a landlord fixing a building so odors won't move from floor to floor and through the walls.

Pork

Dandy Don, with 996 post I can tell you are also addicted to the network/forum, SOL sounds like a SNAFU term to me; don't you have some more profound advice to or solution to the problem? It sure is a nice morning with little to do in our HR world but to satisfy our need for the HR world. Pork

Gillian

[font size="1" color="#FF0000"]LAST EDITED ON 10-15-02 AT 02:34PM (CST)[/font][p]Non-smoking in public places, including workplaces, is a State of California regulation - Labor Code 6405.5. There may also be a city or county ordinance. Enforcement is by local government or the District Attorney.f I think that someone in your company should tell the building management that if they don't get involved to help resolve the problem that you will find the most anti-smoking code enforcement person that you can find in the city or the District Attorney's office. Since it is a Labor Code issue, you might also want to contact the Department of Labor Standards Enforcement and see what they might do for you.

Rexxies

Check City of Chicago or Cook County ordinances--also, is there a posted no-smoking in the building sign somewhere? OR do you have some kind of 'handbook' from building management? If there's no relief, you can always go down and try to have the 'nice' conversation with this individual; meanwhile, buy your employee one of those scent things to plug in their office!

Good luck!

Steve McElfresh

TD:

I noticed a U of Ill. report from 1995 that stated: "With regard to public smoking, the Illinois Clean Indoor Air Act of 1989 (40 ILCS 80/1 ff) prohibits smoking in public places (enclosed indoor areas used by the public or as places of work, excluding bowling alleys, bars, hotel rooms, workplaces not open to the general public, and private offices) except in designated smoking areas. Local governments (except those which had enacted ordinances prior to 1989) are preempted from establishing their own public smoking ordinances." This is something to at least check into

IF this is accurate and still valid, it is good news and bad. Good: the law is in place so you have something to yell about. Bad: it is a state law, which means the enforcement is a police issue, and you could have a difficult time getting any attention on it (a lot of local ordinances have non-police regulatory bodies that are more repsonsive). And it is not clear from this whether the landlord has any responsibility to be of assistance.

If I were you, I would call the local chapter of the American Lung Association, a group that can be quite knowlegable and helpful on smoking issues. Also the Amer. Cancer Society.

Good luck.


Steve McElfresh, PhD
Principal
HR Futures

408.605.1870

MAF

Why is ee complaining? Is it because of smell, nuisance or health issue?You could try using the OSHA indoor air standard for the landlord. There are requirements for the amount of indoor air that is to be exchanged per hour based on number of employees in the office and more if next to a smoking area. Bet there's a problem there. Also, if you do try a filter make sure it is a charcoal filter that takes VOC's (volatile organic compounds) out of the air as well as particles. It needs to run all the time. Honeywell makes a good model, it cost alittle more for the charcoal filter one. Getting a scent thing just hides the odor and still exposes the person to the harmful smoke. Also, if smoke smell is coming into their office, that smell will linger for months in carpet, drapes etc even when smoking no longer occurs. Good luck.

Pork

Try [email]melissa@ecoquestint.net[/email], a customer service representative with Alpine Air. They manufactor an air purification system that literally consumes the foil air and replaces it with purified air for up to 3000 Sq feet. I have two in my home, as I used to be a owner/sales person. My present corporate headquearters has one. The machine stays on 24 hours aday and it not only consums terrible smells, but will also get rid of dust in the air and human particiles floating in the air through natural processes introduced by the machine. It cost $600.00 and is worth every penny. There are smaller versions that cost less for coverage of smaller rooms and smaller problems. I am sure Melissa can put you in contact with a local representative who could bring a unit to your office for demonstration. Local Bars and Restrauants in our community have them in place where there are joint smoking and no smoking sections in the same room and they work! These units are especially good in the reception area as they will kill germs that might be brought into the room by a customer or some stinking co-employee! Pork

MAF

Pork, do you know if it has a charcoal filter? I suggested Honeywell only because that is the one I have experience with. Do you remember if it takes VOCs out of the air. Those are the ones I have problem with. Thanks

Rockie

"Human particles floating in the air" What are you doing to people there?

Anyway,it's too bad that you can't send some equally obnoxious odor back to this guy through his air vent!