Md. Admin. Order of 2019-08-29 (Pertaining to Smoking in Judicial Branch Facilities)

IN THE COURT OF APPEALS OF MARYLAND

ADMINISTRATIVE ORDER PERTAINING TO

SMOKING IN JUDICIAL BRANCH FACILITIES

WHEREAS, Scientific research has demonstrated that smoke, emissions, and

aerosols from cigarettes, cigars, cigarillos, pipes, and other smoking apparatuses

including, but not limited to, electronic smoking devices are harmful to the health both

of individuals who do not smoke and those who do; and

WHEREAS, In 2016, the Surgeon General concluded that secondhand emissions

from electronic cigarettes contain, “nicotine; ultrafine particles; flavorings such as

diacetyl, a chemical linked to serious lung disease; volatile organic compounds such as

benzene, which is found in car exhaust; and heavy metals, such as nickel, tin, and lead”;

and

WHEREAS, The Clean Indoor Air Act of 2007 was implemented to protect the

public and employees from involuntary exposure to environmental tobacco smoke in

indoor areas open to the public, indoor places of employment, and certain designated

private areas; and

WHEREAS, Section 01.01.1992.20. of the Code of Maryland Regulations,

Executive Agency Policy on Smoking, prohibits smoking in all State-owned or leased

Executive Bra nch buildings, facilities, and offices, and in all government-operated

shuttle buses utilized in the Executive Branch; and

WHEREAS, The General Assembly of Maryland has prohibited smoking in all

offices and work areas of the Department of Legislative Services in compliance with the

Clean Indoor Air Act, including the use of electronic smoking devices; and

WHEREAS, It is the responsibility of the Judicial Branch of the State

Government to promote a healthy and safe environment for all persons, including

judicial officials and employees who work in, or members of the public who conduct

business in or visit, State-owned, leased, or occupied Judicial Branch facilities; and

WHEREAS, An Administrative Order pertaining to smoking in Judicial Branch

facilities was issued previously on November 9, 1992; and

WHEREAS, It is appropriate to reissue an updated Order so as to include

smoking devices that pose similar health risks,

NOW, THEREFORE, I, Mary Ellen Barbera, Chief Judge of the Court of Appeals

and administrative head of the Judicial Branch, pursuant to the authority conferred by

Article IV, § 18 of the Maryland Constitution, do hereby order this 29th day of August

2019 that, effective immediately:

(a) The following policy is adopted to promote a healthful environment in all

State-owned, leased, or occupied buildings, facilities, or offices housing

Judicial Branch officials or employees.

(b) All Judicial Branch officials, personnel, and contractors, whether they are

compensated by the State or local government, as well as all individuals doing

business at or visiting Judicial Branch locations described in (a), are

prohibited from the following activities while within those locations or in the

vicinity of the entrances and exits, including steps or ramps leading thereto:

(1) Smoking, using, or carrying any activated or lighted cigarettes, cigars,

cigarillos, pipes, or other smoking apparatuses including, but not

limited to, electronic smoking devices or products that use a heating

element, power source, electronic circuit, or other electronic, chemical,

or mechanical means, regardless of shape or size, to produce vapor or

smoke from a solution or other substance.

(c) The State Court Administrator, in order to implement this policy, shall

develop procedures for:

(1) Informing Judicial Branch officials, employees, and other affected

individuals of the policy, including posting of signage in appropriate

locations;

(2) Disseminating information on smoking cessation programs available to

assist officials and employees of the Judicial Branch;

(3) Preventing violations by encouraging voluntary compliance; and

(4) Establishing protocols for enforcing compliance, including

interventions by security personnel, if necessary.

(d) Any official or employee of the Judicial Branch who is found to have violated

the policy shall be subject to appropriate disciplinary action.

(e) To the extent local laws, shared facility policies, or lease requirements are

more stringent than this policy, they shall govern with regard to those Judicial

Branch facilities located within such jurisdictions or housed in shared or

leased facilities.

(f) The Administrative Order issued under the above title on July 22, 2019, shall

be, and hereby is, rescinded effective immediately.

/s/ Mary Ellen Barbera

Mary Ellen Barbera

Chief Judge

Court of Appeals of Maryland

Filed:

/s/ Suzanne C. Johnson

Suzanne C. Johnson

Clerk

Court of Appeals of Maryland

Pursuant to Maryland Uniform Electronic Legal

Materials Act

(§§ 10-1601 et seq. of the State Government Article) this document is authentic.

2019-08-30 08:21-04:00

Suzanne C. Johnson, Clerk