Frequently
Asked Questions
-
What
is your program about, how did it start and how does the
program serve the community?
-
Does
your program participate in community events and health
fairs?
-
Is
this the correct office to call to report an establishment
that is in violation of the California Smoke-free Workplace
Law (Assembly Bill 13/3037)? How do I go about filing a
complaint?
-
How
is the California Smoke-free Workplace Law (Assembly Bill
13/3037) implemented and enforced in Orange County?
-
What
services and resources does your program offer for
individuals who want to quit smoking?
-
What
free educational resources does your program have available?
1. What
is your program about, how did it start and how does the
program serve the community?
In 1998,
Proposition 99 was passed which placed a 25 cent tax on each
pack of cigarettes sold in California. A portion of this money
goes to educational programs to assist in decreasing the
prevalence of smoking in California. In 1989, the County of
Orange Health Care Agency Tobacco Use Prevention Program (TUPP)
was formed. The mission of the program is to significantly
decrease tobacco use and exposure to environmental tobacco smoke
in Orange County by mobilizing a broad-based network of
community agencies, organizations and committed individuals.
The TUPP
program conducts education interventions and participates in
community/cultural events in order to increase awareness in the
general public of the dangers of smoking and environmental
tobacco smoke. TUPP also assists cities and businesses in
strengthening their tobacco control regulations and in remaining
compliant with current tobacco control regulations and laws.
Special emphasis is placed on reducing access of minors to
tobacco products and countering tobacco industry advertisements
and promotions.
2. Does
your program participate in community events and health
fairs?
TUPP does
participate in a limited number of community events and fairs;
however, due to the large number of community events, festivals
and fairs held in Orange County, it is not possible for TUPP
staff to attend all events. If TUPP staff or volunteers are
unable to attend your event, free brochures, videos and posters
can be mailed to you.
3. Is
this the correct office to call to report an establishment
that is in violation of the California Smoke-free Workplace Law
(Assembly Bill 13/3047)? How do I go about filing a complaint?
The Tobacco
Use Prevention Program (TUPP) at (714) 541-1444 is the correct
office to call to report an apparent violation of the Smoke-free
Workplace law. As a public service and convenience to all Orange
County cities, TUPP accepts and documents these complaints. Your
information is welcome and critical to the equitable
implementation of this law. Staff is available to speak with you
personally during business hours, or you may call anytime (24
hours a day) and leave a message regarding the business name,
address, phone number, type of establishment, whether
not-smoking signs are posted, and why the place is not in
conformance. You may also write to us at P.O. Box 355, Building
62, Santa Ana, CA 92702, or FAX us at (714) 796-8261. Anonymous
complaints are taken, but if you do leave your name and address,
a copy of the letter that is sent to the business requesting
their compliance will be sent to you as well. A copy of the
request to comply letter is also sent to the law enforcement
agency covering that geographical area. In the majority of
cases, this is sufficient to obtain cooperation. If the offender
has not complied in a reasonable amount of time; however, you
may file another complaint, and a stronger letter will be sent
with the same cc's. Local law enforcement will, in most cases,
then follow up using their individual protocol.
4. How
is the California Smoke-free Workplace Law (Assembly Bill
13/3037) implemented and enforced in Orange County?
This health
law went into effect January 1, 1995, and assures most employees
throughout California a smoke-free place to work (since
environmental tobacco smoke is a "Class A" carcinogen
- in the same category as asbestos). On January 1, 1998, the law
extended to cover all bars, restaurants with bars, nightclubs,
and other indoor areas of entertainment where people work.
TUPP
educates the community (including businesses, employees,
patrons, city officials, and law enforcement agencies) and
answers questions regarding the law, its rationale, what areas
are included, and its enforcement. Complaints that are alleging
business noncompliance, may be directed to TUPP at (714)
541-1444. At this point, TUPP will document the complaint, send
out a letter(s) to the business asking for compliance (with a
copy sent to the law enforcement agency in that jurisdiction).
Businesses are encouraged to call TUPP to review the situation
and consult to improve patron cooperation, to provide materials,
to clarify the law, and to provide updates and other support.
The majority of businesses do honor the request to comply; but
if not, the local law enforcement agency (i.e., code
enforcement, police) can then send a letter of warning, make a
field visit, or cite as necessary ($100 fine for the first
infraction, $200 for the second, and $500 for the third
infraction). After the third citation, that business may be
referred to Cal-OSHA, which can then conduct their own
investigation on the business and, depending on their findings,
levy a fine that begins at $7,000 per violation.
5. What
services and resources does your program offer for individuals
who want to quit smoking?
TUPP can
provide you with a free quit-smoking information packet that
includes an effective self-help-quit-smoking information, as
well as a referral listing of Orange County area groups or
organizations that offer a support group or behavior
modification quit-smoking classes. Additional literature,
promotional items, posters, videos, audio-tapes and other
audio-visual materials are available on a loan basis from our
Resource Center. TUPP staff is also available to provide a brief
phone cessation educational intervention.
6. What
free educational resources does your program have available?
TUPP has
free brochures, pamphlets, manuals and posters available on
tobacco use prevention, environmental tobacco, nicotine
addiction, smoking and pregnancy, smokeless tobacco and other
related topics. Videotapes, models, manuals, games and other
teaching materials are available on a loan basis from our
Resource Center.
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