Indoor smoking restrictions before state House
Smoking was banned in most workplaces under the Clean Indoor Air Act back in 2008.
A bill referred to the Health Committee earlier this month aims to clamp down a little bit tighter on smoking in the workplace.
The bill is HB 1657 and its prime sponsor is Allegheny County Democrat Dan Frankel, who chairs the House Health Committee.
A legislative memo argues that the smoking rate among adults has fallen from 21 percent to 14 percent since 2008.
“But while the number of smokers has sunk to 14 percent, we’ve also concentrated the health risks of secondhand smoke to a few remaining, unprotected workplaces,” the memo states.
The bill targets casinos, private clubs and some drinking establishments.
“Pennsylvanians should not have to choose between their jobs and their health,” Frankel argues. “That’s why I’ll soon be reintroducing my legislation to close the loopholes that threaten the health of Pennsylvania workers.
“This legislation is not just good for health, it’s also good for business. It levels the playing field in the industry, allowing all businesses to operate safely and fairly.”
The bill, he argues, will eliminate loopholes in those spaces, expand the definition of smoking to include e-cigarettes and “give all localities the ability to enact smoke-free ordinances that are more protective than state law.
A public hearing was held last week regarding the bill.
“I want to make it clear that I am not a fan of smoking,” Rep. Kathy Rapp, minority chair of the committee, said in her newsletter. “I don’t frequent many businesses that allow it. However, I have concerns that this bill may be going too far.”
She said the original 2008 law left the decision to some establishments to permit smoking and argued that this bill “allows for virtually no exceptions.
“I worry for private clubs, including VFWs and American Legion posts, whose members already have the option to vote whether to allow smoking in their facilities,” Rapp said. “We also heard testimony from cigar businesses, who provide well-paying jobs to Pennsylvanians and a place for patrons to socialize and smoke cigars.
“This bill would force small businesses to take these jobs out of the state, or even force them to close their doors for good.”‘
Part of Frankle’s argument is that the bill is good, not bad, for business, citing an uptick in revenue in the wake of closures brought about by the COVID-19 pandemic.
“If we cannot count on private businesses to do the right thing even when it’s the financially smart thing,” the memo states, “then it’s time for political leaders to step in and insist on the protection of the health of our constituents.”
Rapp outlined, though, that questions remain.
“This measure exempts private homes and vehicles from these restrictions unless they are used as a workplace,” she said. “Does this mean the Department of Health can enter virtual workers’ homes or cars to search for signs of smoking? It may sound ridiculous, but these are just some of the questions that need to be answered before I can support this bill.”





