West Virginia a leader in smoke-free workplaces

CHARLESTON--West Virginia might not be considered progressive in some areas, but when it comes to smoke-free workplaces, the state is gaining nationwide attention.

Elva Yanez, associate director of the California-based Americans for Nonsmokers' Rights (ANR), said despite being a mostly rural state, West Virginia is among some of the top states in the nation that are implementing aggressive no smoking policies in the workplace.

"West Virginia is interesting because there has been steady, but sure action to enact legislation. Out of 55 counties, 37 counties in West Virginia have some type of legislation on the books prohibiting smoking in the workplace," Yanez said. "We consider West Virginia to be one of the shining spots on the country because they've taken an incremental, yet strong, approach to the problem."

Mike Harman, field director of the West Virginia Tobacco Control Program of the state Bureau of Public Heath, said West Virginia's main focus at this time is restricting smoking in the workplace. Thirty-seven counties have local health department regulations that restrict smoking in the workplace.

"Workplaces are required to implement a smoking policy that should not allow smoking where employees routinely work," Harman said.

Harman said, with the exception of California and Utah, West Virginia has been on the forefront of providing smoke-free workplaces. In the 37 counties with ordinances, smoking is prohibited in the workplace, in retail stores and some restaurants.

The Kanawha-Charleston Board of Health's Draft Clean Indoor Air Regulation states that "the purpose of the regulation is to (1) protect the public health and welfare by prohibiting smoking in enclosed public places except in designated smoking areas; (2) regulate smoking in the place of employment and (3) recognize that, where the need to breathe smoke-free air conflicts with the desire to smoke, the need to breathe smoke-free air shall have priority. Smokers CAN refrain from smoking, but non-smokers CANNOT refrain from BREATHING."