May 12, 2009
In Reply Refer To:
1400 (711) P         
Instruction Memorandum No. 2009-129
Expires:  09/30/2010   
To:                  State Office and Center Directors
From:               Director
Subject:            Change in the Smoking Policy in the Federal Workplace
Program Area:  Labor Relations
Purpose: This memo directs each State Office and Center to implement the new requirements to protect Federal employees and the public from exposure to tobacco products in the federal workplace as described the Federal Register, Volume 73, No. 246, dated December 22, 2008. (See attached).
Policy/Action: The General Services Administration (GSA) has made changes in where employees may smoke tobacco products in and around federally owned or leased buildings. These changes were published in the Federal Register (FR) referenced above.
State Office and Center Directors are required to implement this new policy as described in this Memorandum.
Timeframe: The new requirements must be in place within six months from the date of the FR. The date of the FR is December 22, 2008, which makes the required implementation date June 22, 2009.   Units with labor agreements/contracts in place may have an obligation to bargain under the Federal Service Labor-Management Relations Act, where there is exclusive union representation for the employees.
Budget Impact: Minimal.
Background: Federal agencies were notified by the attached FR that the policy on the smoking of tobacco products in and around federally-owned or federally-leased buildings has changed.  
In accordance with the new regulations, “executive agencies must prohibit the smoking of tobacco products 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.”
A six month phase-in period has been established by the new regulation which allows for a fixed, but reasonable time to implement this policy change. This phase-in period is intended to provide agencies with time to comply with any obligations under their collective bargaining agreements where there is an exclusive union representative for the employees.
The only exceptions to the general policy are:
  1. Residential accommodation for persons voluntary or involuntarily residing, on a temporary or long-term basis, in a building owned, leased or rented by the Federal Government;
  2. Portions of federally owned buildings leased, rented or otherwise provided in their entirety to non-federal parties; and
  3. 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. 
Manual/Handbook Sections Affected: None
Coordination: Unions.
Contact: If you have any question, call Gloria Banks, Human Resources Specialist, Human Capital Management, at (202) 254-3313 or via email at Gloria_Banks@BLM.gov.  
Signed by:                                                                    Authenticated by:
Mike Poole                                                                    Robert M. Williams
Acting, Director                                                             Division of IRM Governance,WO-560
1 Attachment