41 C.F.R. § 102-74.320   Are there any exceptions to this smoking policy for Federal facilities?


Title 41 - Public Contracts and Property Management


Title 41: Public Contracts and Property Management
PART 102–74—FACILITY MANAGEMENT
Subpart B—Facility Management
Smoking

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§ 102-74.320   Are there any exceptions to this smoking policy for Federal facilities?

Yes, this smoking policy does not apply in—

(a) 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 must not require workers to enter such areas during business hours while smoking is ongoing;

(b) 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;

(c) Portions of Federally owned buildings leased, rented or otherwise provided in their entirety to non-Federal parties;

(d) Places of employment in the private sector or in other non-Federal governmental units that serve as the permanent or intermittent duty station of one or more Federal employees; and

(e) Instances where an agency head establishes limited and narrow exceptions that are necessary to accomplish agency missions. Such exceptions must be in writing, approved by the agency head, and to the fullest extent possible provide protection of nonsmokers from exposure to environmental tobacco smoke. Authority to establish such exceptions may not be delegated.

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