re: indoor clean air act violations in state capitol building

8/16/2019 Re: Indoor Clean Air Act Violations in State Capitol building

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1515 SW Fifth Ave, Suite 410, Portland, OR 97201

Telephone: (971) 673-1880 Fax: (971) 673-1884 TTY: (503) 378-5938 www.doj.state.or.us

DEPARTMENT OF JUSTICE

GENERAL COUNSEL DIVISION

May 16, 2016

Dexter Johnson

Legislative Counsel900 Court St., NE S-101

Salem, OR 97301-1043

Re: Indoor Clean Air Act Violations in State Capitol building

Dear Mr. Johnson:

The Oregon Health Authority (OHA) shared with me the follow-up letter sent to

BethAnne Darby on May 9, 2016, regarding the meeting about the Oregon Indoor Clean Air Act(ICAA) and reported violations of the ICAA by Senator Jeff Kruse. I advise OHA on ICAA

issues and have been involved in discussions with OHA about its authority under the ICAA.

OHA asked that I respond to the letter.

Your letter describes Senator Kruse’s violations of the ICAA and references complaints

submitted to the OHA in 2011, 2012 and 2013. Your letter ascertains that the complaints were

based, in part, on smoking engaged in by Senator Kruse and, in part, on smoking by a FacilitiesServices employee.

The official valid complaints submitted to OHA in 2011, 2012 and 2013 do notspecifically identify Senator Kruse or a Facilities Services employee. The 11 complaints

submitted to OHA about ICAA violations in the Oregon State Capitol between January 14, 2009

and October 18, 2013 are listed below in their entirety (typographical errors in the original).

Date of Complaint Complaint Text

October 22, 2009 Smoke in senate east stairway.

October 24, 2009 People are smoking right next to the building by a door way and

next to a window which happens to be under cover in the “Beaver Courtyard”. This courtyard is in between the underground parkinggarage and the basement entrance and also it's next to Purchasing &

Supply in Rm #49 to the Capitol. My understanding is that the law

is 10 ft. from a door and also 10 ft. from a window or from the building, which would put the smokers out in the middle of the

courtyard to be legal. Please check for compliance of the law.

Please check all entrances as this law is not being followed and

ELLEN F. ROSENBLUMAttorney General

FREDERICK M. BOSDeputy Attorney Gene



Dexter JohnsonMay 16, 2016

they need to be educated as to what's the proper distance for smokers to go smoke. Thank-you.

November 20, 2009 Smoke in east senate stairwell

May 25, 2010 Some staff are still smoking right outside the windows instead of

standing or sitting 10 feet away. The smoke then wafts through thewindows into the offices.

December 21, 2011 Smoking in east senate stairwell ground floor.

November 2, 2012 Smoke in east senate stairwell coming from s15 person smoking incornor and smoke drifts into stairwell.

December 3, 2012 Smoking in boiler room where i have to work

June 25, 2013 Smoking in s-15 mechinical room.

September 5, 2013 Smoking in boiler mechanical room s-15.

October 17, 2013 There is still smoking going on in s-15 by the same person. It has

been since January when they were informed about it and in

September they might look into it.

October 18, 2013 While taking state parks ground crew into s-15 the person wassmoking at the sink and spraying cleaner on smoke hurring to put itout.

On February 23, 2016, Lore Christopher sent an email to the ICAA general mailbox and

left a voice mail on the ICAA complaint line to inquire about advice for how to handle the

situation of a state senator smoking indoors. She did not indicate who the state senator was.Lore Christopher also contacted Emily de Hayr of the Marion County Health Department. On

February 26, 2016, Emily de Hayr contacted OHA to relay that she recommended that

Legislative Administration submit a complaint to OHA regarding Senator Kruse smokingindoors so OHA could take action. Emily de Hayr said the Legislative Administration was

reluctant to file a complaint as they did not feel it would change Senator Kruse’s behavior. Nocomplaint was filed.

Included in your May 9th letter was a summary of complaints describing eye-witness

accounts of Senator Kruse smoking in his office and in his vehicle, in the enclosed parkinggarage, at the State Capitol during the 2016 legislative session. Based on the complaints

received, Senator Kruse could be in violation of:

OAR 333-015-0078(1)(a) – Smoking, aerosolizing, vaporizing or carrying a lightedsmoking instrument or inhalant delivery system in an area where smoking, aerosolizing

or vaporizing of inhalants is prohibited.

In response to these complaints, consistent with OHA’s enforcement rules, specificallyOAR 333-015-0075, OHA issued a Warning Letter to Senator Kruse on May 16, 2016.



Dexter JohnsonMay 16, 2016

If OHA receives additional complaints, with specific information relating to Senator Kruse,

about these violations, OHA may pursue civil penalties (ORS 433.855, 433.860).

Sincerely,

Shannon K. O'Fallon

Senior Assistant Attorney General

Health and Human Services Section

SKO:etb/JUSTICE-#7381436-v1

cc: Lore Christopher, Human Resources Director, Oregon Legislature

BethAnne Darby, External Relations Director, Oregon Health AuthorityKaren Girard, Health Promotion and Chronic Disease Section Manager, Oregon Health Authority

Attachments:

OHA Warning Letter to Senator KruseMemo to employees at State Capitol re: compliance with ICAA



PUBLIC

HEALTH DEPARTMENT

Health

Promotion

Chronic Disease

Prevention

Kate Brown,

Governor

WARNING

LETTER

May

16, 2016

Senator Jeff Kruse

900 Court

St.

NE,

S-315

Salem.

OR 97301

800 NE

Oregon

Street, Suite 730

Portland,

OR97232

(e71

)

673-0984

(971

)

673-0994

Fax

Dear

Senator

Kruse.

This Warning

Letter is

notification from

the Oregon

Health

Authority

(OHA)that

you

may be in violation

of

Oregon's Indoor

Clean Air

Act

(ICAA)

ORS 431.835-433.875

and

433.990(5).

Oregon's ICAA protects nearly every Oregon employee and people in public places from

the

health

risks

of secondhand smoke.

The

ICAA

prohibits

smoking, vaporizing

or aerosolizing

indoors in

places

of

employment,

indoor

public places

and within

10

feet of

all entrances, exits,

accessibility ramps

that lead

to and from

an entrance or exit, windows

and

air-intake

vents.

On May

9,

2016 OHA received

a summary

of complaints describing

eye-witness

accounts of

you

smoking

in

youroffice

and in

yourvehicle,

inthe

enclosed

parking garage,

atthe

State

Capitol during

the 2016

legislative

session.

Based

on

the

complaints received;

you

could be in violation

of

.

OAR 333-015-0078(1)(a)

-

Smoking, aerosolizing, vaporizing

or

carrying

a lighted

smoking

instrument

or

inhalant

delivery system

in

an

area where

smoking, aerosolizing

or vaporizing

of

inhalants is prohibited;

The ICAA is a complaint-driven

law. lf

OHA receives additional

complaints

about

your

violation

of

the

ICAA,

OHA may

pursue

civil

penalties

(ORS

433.855,

433,860),

lf

you

have

any

questions

about this letter or

the

ICAA,

please

contact

me at karen.e,[email protected],us

or

(971)

673-1046. Thank

you

for

your

cooperation.

Sincerely,

(nran

}u-or'il.

Karen

Girard, MPA

Health Promotion

and Chronic Disease

Section Manager

Public Health Division

Oregon Health

Authority

CC:

Lore Christopher,

Human Resources

Director,

Oregon Legislature

Dexter

Johnson, Legislative

Counsel, Oregon

Legislature

BethAnne Darby, External

Relations

Director, Oregon Health Authority

Shannon O'Fallon, Senior Assistant

Attorney

General, Department of

Justice



OHA 0196 (3/12

Public Health Division, Oregon Health Authority

Memorandum

To: Legislative Administration Committee Employees

From: BethAnne Darby, External Relations Director, Oregon Health Authority

CC: Karen Girard, Section Manager, Health Promotion and Chronic Disease Prevention, OregonPublic Health Division

Date: May 23, 2016

Subject: Oregon Indoor Clean Air Act (ICAA) and the State Capitol

Oregon Indoor Clean Air Act (ICAA)

Oregon's Indoor Clean Air Act (ICAA) protects nearly every Oregonian from the health risks of secondhand smoke in workplaces and public places. The ICAA prohibits smoking, aerosolizingand vaporizing of inhalants indoors in places of employment, indoor public places and within10 feet of all entrances, exits, accessibility ramps that lead to and from an entrance or exit,windows and air-intake vents.

ICAA Enforcement

The Oregon Health Authority (OHA) has enforcement authority for the ICAA. Enforcementprotocols are outlined in OAR 333-015-075. OHA works with businesses, public places andplaces of employment to help them comply with the law and follow procedures for actionablecomplaints.

The ICAA is a complaint-driven law. Employees at the State Capitol who observe violations of the law should file complaints with the Oregon Health Authority. Information about thecomplaint process is available online at http://www.healthoregon.org/morefreshair .

Complaints can be submitted by:1. Completing an online complaint form at

http://public.health.oregon.gov/PreventionWellness/TobaccoPrevention/SmokefreeWorkplaceLaw/Pages/complaints.aspx or

2. Calling 1-866-621-6107.

Compliance with the law

Compliance with the law can be promoted by:

PUBLIC HEALTHDIVISION

Kate Brown, Governor



Talking with your coworkers about the law.

Informing coworkers, and the public, about the law when violations are observed.

Ensuring “no smoking or vaping within 10 feet” signs are posted at all building entrancesand exits.

Removing ashtrays and other receptacles for smoking debris (e.g. butts, ashes) andinhalant delivery system debris (e.g. e-liquid containers, packaging) from outdoor locations within 10 feet of entrances, exits, accessibility ramps, windows or ventilation

intakes. Encouraging coworkers who smoke or vaporize to quit.

o Encourage them to call Oregon's toll-free QUIT LINE at 800-QUIT-NOW (800-784-8669) or, for Spanish speakers, 1.855.DEJELO-YA (1.855.335356.92)

o Or go to www.quitnow.net/oregon or www.quitnow.net/oregonsp (Spanish).

Legal Action

If compliance is not achieved and maintained, then OHA may issue civil penalties or pursuefurther legal actions against individual violators of the ICAA (ORS 433.855, 433.860).

re: indoor clean air act violations in state capitol building

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