[Code of Federal Regulations]
[Title 41, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR101-20.105-3]

[Page 204-205]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS
 
PART 101-20--MANAGEMENT OF BUILDINGS AND GROUNDS--Table of Contents
 
  Subpart 101-20.1--Building Operations, Maintenance, Protection, and 
                               Alterations
 
Sec. 101-20.105-3  Smoking.

    (a) Pursuant to Executive Order 13058, ``Protecting Federal 
Employees and the Public From Exposure to Tobacco Smoke in the Federal 
Workplace'' (3 CFR, 1997 Comp., p. 216), it is the policy of the 
executive branch to establish a smoke-free environment for Federal 
employees and members of the public visiting or using Federal 
facilities. The smoking of tobacco products is prohibited in all 
interior space owned, rented, or leased by the executive branch of the 
Federal Government, and in any outdoor areas under executive branch 
control in front of air intake ducts.
    (b) Exceptions. (1) The policy does not apply in designated smoking 
areas that are enclosed and exhausted directly to the outside and away 
from air intake ducts, and are maintained under negative pressure (with 
respect to surrounding spaces) sufficient to contain tobacco smoke 
within the designated area. Agency officials shall not require workers 
to enter such areas during business hours while smoking is ongoing.
    (2) The policy does not extend to any residential accommodation for 
persons voluntarily or involuntarily residing, on a temporary or long 
term basis, in a building owned, leased, or rented by the Federal 
Government.
    (3) The policy does not extend to those portions of federally owned 
buildings leased, rented, or otherwise provided in their entirety to 
nonfederal parties.
    (4) The policy does not extend to places of employment in the 
private sector or in other nonfederal governmental units that serve as 
the permanent or intermittent duty station of one or more Federal 
employees.
    (5) Agency heads may establish limited and narrow exceptions that 
are necessary to accomplish agency missions. Such exceptions must be in 
writing, approved by the agency head, and

[[Page 205]]

to the fullest extent possible provide protection of nonsmokers from 
exposure to environmental tobacco smoke. Authority to establish such 
exceptions may not be delegated.
    (c) Agency heads have responsibility to determine which areas are to 
be smoking and which areas are to be non-smoking areas. In exercising 
this responsibility, agency heads will give appropriate consideration to 
the views of the employees affected and/or their representatives and are 
to take into consideration the health issues involved. Nothing in this 
section precludes an agency from establishing more stringent guidelines. 
Agencies in multi-tenant buildings are encouraged to work together to 
identify designated smoking areas.
    (d) Agency heads shall evaluate the need to restrict smoking at 
doorways and in courtyards under executive branch control in order to 
protect workers and visitors from environmental tobacco smoke, and may 
restrict smoking in these areas in light of this evaluation.
    (e) Agency heads shall be responsible for monitoring and controlling 
areas designated for smoking and for ensuring that these areas are 
identified by proper signs. Suitable uniform signs reading ``Designated 
Smoking Area'' shall be furnished and installed by the agency.
    (f) Suitable, uniform signs reading ``No Smoking Except in 
Designated Areas'' shall be placed on or near entrance doors of 
buildings subject to this section. These signs shall be furnished and 
installed by the GSA Building Manager in buildings operated by GSA. It 
shall not be necessary to display a sign in every room of each building.
    (g) This smoking policy applies to the judicial branch when it 
occupies space in buildings controlled by the executive branch. 
Furthermore, the Federal chief judge in a local jurisdiction may be 
deemed to be comparable to an agency head and may establish exceptions 
for Federal jurors and others as indicated in paragraph (b)(5) of this 
section.
    (h) Prior to implementation of this section, where there is an 
exclusive representative for the employees, the agencies shall meet 
their obligation under the Federal Service Labor-Management Relations 
Act (5 U.S.C. 7101 et seq.) In all other cases, agencies should consult 
directly with employees.

[63 FR 35846, July 1, 1998]