labor lawAdivision of labor law center

 

On December 10, Michigan became the 38^th state to pass a law that bans smoking in the workplace, including restaurants and bars.

 

The Michigan smoking ban will go into effect on May 1, 2010. The law prohibits smoking in almost all bars, restaurants and workplaces. Exceptions to the smoking include tobacco specialty stores and cigar bars. Smoking will also be allowed in home offices and motor vehicles – even motor vehicles used for work.

 

Governor Jennifer Granholm called the bill “a terrific gift to Michigan.”

 

By implementing the smoking ban, Michigan joins with other states including New York, California and Illinois.

 

Under the new law, smoking will be permitted on the gambling floor of the Detroit-area casinos, but prohibited in the casino bars, restaurants and hotels. The casino exemption was a compromise between House Democrats and conservatives in the Michigan Senate.

 

When the bill was signed by the governor, Michigan became the 38th state to ban smoking in public places including government buildings, bars and restaurants. One of the moving forces behind the ban was Senator Ray Basham of Taylor. Despite fighting for a total smoking ban, Basham said, “We’ve moved the ball down the court, and even scored a basket.” However, he added somewhat ruefully, “We haven’t scored a three-pointer” with the compromise law.

 

The bill passed in early December 2009 by 24 to 13 in the state Senate. In the Michigan House, it passed by a vote of 75 to 30.

 

Despite claims that the law intrudes on personal freedom, some 66% of Michiganders supported a smoking ban in a March 2009 survey.

 

Some observers have voiced concern that this is the wrong time to pass any bill that will have a negative impact on business. Others argue, however, that Michigan employees need to be protected from the harmful effects of second-hand smoke. Those effects are well documented. A 2009 study found a reduction of up to 30% in heart attacks among smokers and non-smokers alike, in the 18 months after smoking bans went into place in Illinois and New York.

 

State agencies are scrambling to create regulations regarding the smoking bans. As soon as such regulations are drafted, we will update readers. 

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1. Posted by: Thomas Laprade

   An alternate to smoking bans

   If the public was honestly and truthfully informed about the effects of second-hand smoke, there would be fewer no-smoking laws in this country.
   A little smoke from a handful of crushed leaves and some paper that is mixed with the air of a decently ventilated venue is going to harm or kill you?

   There has never been a single study showing that exposure to the low levels of smoke found in bars and restaurants with decent modern ventilation and filtration systems kills or harms anyone.

   As to the annoyance of smoking, a compromise between smokers and non-smokers can be reached, through setting a quality standard and the use of modern ventilation technology.

   Air ventilation can easily create a comfortable environment that removes not just passive smoke, but also and especially the potentially serious contaminants that are independent from smoking.

   Thomas L.
   Thunder Bay, Ont.

2. Posted by: Amelia

   Hi Thomas! Unfortunately, the research shows otherwise. Your argument makes as much sense as saying that a few ounces of fermented fruit or vegetable juice cannot possibly make driving that much more hazardous. But of course, we know drunk drivers kill many people every year. (You could also say that a few strands of twisted fiber could not possibly save lives. But we know that seat belts save many people every year.) Check out the link below. A number of studies show dramatic reductions in heart attacks after a smoking ban takes effect. Other studies have shown similar effects in New York, Illinois and other states.

   The big concern is not between smoking restaurant customers and non-smoking restaurant customers. It is for employees, who must breath in the second-hand smoke every workday, all day long. Most women would never dream of smoking while they were pregnant. Yet, when a food server or cocktail waitress is even a few months pregnant, her fetus is being exposed to tobacco smoke all day, every day.

   We would draw a parallel with drinking. You certainly have a right to drink, but not to endanger other people’s health with your drinking. You have the right to smoke, but not to endanger other people’s health with your smoking. HTH, and thanks for reading the blogs!~ Amelia

   Read more at: http://mstobaccodata.org/pubs/cardio.pdf

3. Posted by: bonnie

   trying to find out if you have to be a certain distance from a bar to smoke,can you smoke in your car on the property of a bar,and what the fine is if you do smoke in the bar?

4. Posted by: Amelia

   Hi bonnie! The final regulations for this law have not yet been released. We will post more info as soon as it is available. However, currently Michigan’s law (unlike many other state smoking bans) does not designate a distance from the door that smokers must stand, so apparently it would be legal for a smoker to stand right outside the door and smoke. Smoking on a restaurant or bar patio is not permitted. It is lawful under the smoking ban for an individual to smoke in their car. (However, a property owner or business owner can forbid smoking on the premises, including in a car in the parking lot, if they like.) The penalties have not yet been determined. HTH, and thanks for reading the blogs!~ Amelia

5. Posted by: Frank

   Thomas,

   You’re correct in the brief statement. I have also dun research and have found no such proof that secondhand smoking in bars or restaurants has fatal results.

   The reason; there has been no such study and most likely will not be. As for Amelia you most likely are a Liberal and have know what you know only what others have told you (Typical Lib)
   Yes I have turned this into a political issue the fact is that a liberal is behind this and every other smoking ban since conception.

   Senator Ray Basham (D) Troy you can thank for this.

   Amelia get a life and quit being a typical Lib and finally do some real research

6. Posted by: Amelia

   Hi Frank! Thanks for weighing in with your opinion! It’s always good to hear from someone who has “dun” research. Can you tell us in which professional journal your study was published? ~ Amelia