HomeMy WebLinkAboutCOM 0013.021 2002-2004 S~ o F h1
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LINDA LINOLE ONIYOME L. FUKINO, M.O.
GOVERNOR OF HAWAII DIRECTOR OF HEALTH
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STATE OF HAWAII
DEPARTMENT OF HEALTH m ,.ob. ol.... ,.L, m~
PO. BO%33]8 Fllc
HONOLULU. HAWA119660L {3]e
April 11, 2003
Ms. Doreen Friberg, General Manager
Harrington's Restaurant
135 Kalanianaole Street
Hilo, Hawaii 96720
Dear Ms. Friberg:
Thank you for taking the time to write and to express your opinions concerning the proposed
Hawaii County ordinance protecting workers from exposure to secondhand smoke.
In Hawaii, the City and County of Honolulu, Kauai County, Maui County, and Kalawao County
(Kalaupapa on Molokai) all have ordinances that provide protections from tobacco smoke for
workers either in worksites or in restaurants. Across the country, over 480 municipalities and a
growing number of states have enacted similar statutes protecting workers. These laws have all
been based on proven science regarding the long term and the short term exposure to tobacco
smoke. As in the case of the City and County of Honolulu, it is in the City's charter that it is their
duty to enact laws that protect the public's health. The Department of Health has a similar duty
as stated in its mission to promote and to protect the health of the people of the State of Hawaii.
In 1986, the U.S. Surgeon General issued a report on secondhand smoke linking it to lung
disease. In 1993, the U.S. Environmental Protection Agency issued its findings classifying
secondhand smoke as a Class A carcinogen, or a direct cause of lung cancer in humans. Over the
years literally hundreds of research studies have been conducted on this topic confirming the
health risks of exposure to tobacco smoke. The most recent finding came this past week where
after only six-months a ban on smoking in all public places slashed the number of heart attacks
in Helena, Montana by almost half. For the employer the standard of care in providing a clean,
safe, healthy workplace free from exposure to tobacco smoke appears to be clear.
The discussion on whether these laws infringe on rights of businesses has been thoroughly
discussed and in some cases has been challenged. If the courts felt that these laws violated such
rights, these laws would have been overturned. To date, the courts have upheld these laws both
on a county and on a state level.
Comm. No. '~•ZI
Ref. To:
Ref. Dare AP 2 `L_2003_
Ms. Doreen Friberg
April 11, 2003
Page 2
As to your question of exposure to tobacco smoke in outdoor areas, that is a decision for the
Hawaii County Council. In Honolulu, smoking is permitted in outside dining areas, Kauai has
the same provision, while Maui prohibits smoking in both inside and in outside areas as a matter
of equity for all restaurants.
The Hawaii County Council will address this issue in a hearing scheduled for May 6, 2003.
Informational hearings have been previously held in both Hilo and in Kona. I would encourage
you as a citizen to provide testimony and give reasons to support your position. Promoting good
health is good business.
Thank you for the opportunity to share my views.
Sincerely yours,
Chiyome L. Fukino, M.D.
Director of Health
c:~Councilmember Fred Holschuh
Councilmember Aaron S.Y. Chung