Chapters 100-400
Agency Administration/ Management
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DEPARTMENT ORDER MANUAL |
DEPARTMENT ORDER:
109 |
SUPERSEDES: DO 109 (09/01/96) |
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| EFFECTIVE DATE: APRIL 17, 2007 |
TABLE OF CONTENTS
| PURPOSE | |
| APPLICABILITY | |
| PROCEDURES | |
| 109.01 | GENERAL REGULATIONS |
| 109.02 | REGULATIONS FOR EMPLOYEES |
| 109.03 | REGULATIONS FOR INMATES |
| 109.04 | COMPLAINTS |
| DEFINITIONS | |
| AUTHORITY |
This Department Order
establishes smoking and tobacco regulations that contribute to healthier and
safer environments for inmate housing areas, for employee work environments and
for members of the public visiting Department facilities. This Department Order
applies to all employees, inmates, visitors, volunteers, contractors and
vendors, using cigarettes, cigars, pipes and smokeless tobacco products in all
Department institutions, offices, state vehicles, rental and contract
properties.
109.01 GENERAL REGULATIONS #9; - The following regulations
apply to all Department institutions and offices, including rental and contract
properties: 1.1 Smoking is
prohibited in enclosed areas and buildings. 1.2 Smoking is prohibited 20 feet
from any building entrance. Smoking outside is prohibited in any area which area
may subject normal traffic to second-hand smoke or may result in drifting smoke
entering into buildings through entrances, windows, ventilation systems or other
means. 1.3 Smoking is prohibited in all
state vehicles, including domicile vehicles. 1.4 All used smokeless tobacco
(chewing tobacco, plug tobacco and/or snuff) shall be maintained in a covered
receptacle, such as an empty soda can or Styrofoam cup with a lid, and disposed
of in a sanitary condition. 1.5 Retaliation or discrimination
against any person who files a complaint or grievance concerning smoking-related
issues shall not be tolerated. 1.6 Smoking cessation information
shall be made available to employees and inmates. 1.7 The Arizona Department of
Health may enter into any public place or place of employment for the purpose of
determining compliance with this law if there is reason to believe a violation
of ARS 36-601 has occurred.
109.02 REGULATIONS FOR EMPLOYEES</p>
1.1 The Deputy Director, Division
Directors, Regional Operations Directors, Wardens, Deputy Wardens and
Administrators shall: 1.1.1 Enforce all provisions
of this Department Order. 1.1.2 Ensure that all
employees are notified that smoking in public places or places of employment
is prohibited and that no smoking may occur within twenty feet of public
places or places of employment. 1.1.3 Ensure that "no smoking"
signs or the international "no smoking" symbol is conspicuously posted at
every entrance and other areas where smoking is prohibited. 1.1.4 Post information where
the general public, visitors and contractors may register complaints
regarding non-compliance with this Department Order. 1.1.5 Institutions shall
identify smoking areas for staff and inmates which do not conflict with
section 109.01, 1.2. Staff and inmates shall be advised of the permitted
smoking areas. Wardens shall develop an Institution Order and Post Orders
that identify all permitted smoking areas.
1.2 Employees with outside duty shall not leave their assigned post to smoke, unless and until they are relieved of their post. Post relief is not mandated and shall be contingent upon the security and staffing needs of the affected posts.
1.3 Employees violating the provisions of this Department Order shall be subject to disciplinary action in accordance with Department Order #508, Employee Discipline.
1.4 Any person who smokes where prohibited is guilty of a petty offense and is subject to imposition of a fine not less than $50 and not more than $300. A.R.S. 36.601.01 (k).
109.03 REGULATIONS FOR INMATES
1.1 Inmates shall not smoke inside any building, including but not limited to the housing areas, visitation areas, dining areas, kitchens and warehouses within the prison.
1.2 Smoking and/or the possession of tobacco and all smoking-related materials is prohibited for inmates assigned to:
1.2.1 Reception centers.
1.2.2 Minors units.
1.2.3 All detention units.
1.2.4 Special Management Units I and II.
1.2.5 Santa Maria Special Management Area.
1.2.6 Medical units.
1.3 Inmates assigned to general population cellblocks and dormitories may possess smoking-related materials, but shall smoke only outside of all buildings in approved areas.
1.4 Inmates shall dispose of used smokeless tobacco in a covered receptacle, such as an empty soda can or Styrofoam cup with a lid, which shall be maintained and disposed of in sanitary conditions.
1.5 The use of smoking materials in non-smoking areas, including but not limited to housing areas, visitation areas, dining areas, kitchens and warehouses, shall result in confiscation of all smoking materials on the inmate's person and in the inmate's property as disposable contraband.
1.6 Inmates violating the provisions of this Department Order shall be subject to disciplinary action, which shall include restricting inmates who are found guilty of violations from purchasing tobacco from the inmate store. (See Department Order #803, Inmate Discipline System.)
1.7 Smoking is permitted when associated with religious ceremony practiced pursuant to the American Indian Religious Freedom Act of 1978 and A.R.S. 36-601.02 (B-2).
COMPLAINTS
1.1 Inmate complaints may be submitted in accordance with Department Order #802, Inmate Grievance System.
1.2 Employees shall attempt to resolve smoking-related complaints informally through their chain of command.
1.2.1 Department employees may submit a formal grievance in accordance with Department Order #517, Employee Grievances, for complaints that could not be resolved informally.
1.2.2 Employees who work in Contract Beds facilities shall use the grievance process of the respective facility.
ENCLOSED AREA - All space between a floor and ceiling that is enclosed on all sides by permanent or temporary walls or windows (exclusive of doorways), which extend from the floor to the ceiling. Enclosed area includes a reasonable distance from any entrances, windows and ventilation systems so that persons entering or leaving the building or facility shall not be subjected to breathing tobacco smoke and so that tobacco smoke does not enter the building or facility through entrances, windows, ventilation systems or any other means. A.R.S. 36.601.01 (3).
PLACES OF EMPLOYMENT
- An enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including office buildings, work areas, auditoriums, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, cafeterias, hallways, stairs, elevators, health care facilities, private offices and vehicles owned and operated by the employer during working hours when the vehicle is occupied by more than one person. A private residence is not a "place of employment" unless it is used as a child care, adult day care, or health care facility. A.R.S. 601.01 (7).
SMOKING
- Means inhaling, exhaling, burning, or carrying or possessing any lighted tobacco product, including cigars, cigarettes, pipe tobacco and any other lighted tobacco product. A.R.S. 601.01 (11).
Dora Schriro
Director
A.R.S. 36-601.01
[b][5],[3][7][11], Smoking in Certain Public Areas: Violation; Classification;
Exception. A.R.S. 36-601.02
[b][2], Smoking in State Buildings; Prohibition; Exception; Violation;
Classification. A.R.S. 41-1033, Petition for a rule
or review of a practice or policy A.R.S. 41-1034, Declaratory judgment American Indian
Religious Freedom Act of 1978