Worker smoking in school faces ban
By Treena Shapiro
Advertiser Education Writer
An exemption that allows Hawai'i public school custodians and cafeteria workers to smoke in their offices will soon be a thing of the past, under orders from the U.S. Department of Education.
The state Department of Education received a letter from the federal agency Monday that gives it 15 days to respond with how it will bring schools into compliance with a federal law banning smoking in indoor school facilities. Currently, custodians and cafeteria workers who belong to the United Public Workers Union bargaining units 1 and 10 are allowed to smoke in their offices under a 1995 arbitrated agreement. All others are prohibited from smoking indoors under the federal Pro-Children Act.
Meanwhile, under a bill being heard today by the state Senate Labor and Education committees, all smokers would have to move off school grounds to light up. H.B. 2871 would ban all smoking on campus, indoors and out. The DOE's administrative rules ban smoking on campus, but this law would close any loopholes allowing for exceptions.
Chris Dein-Gaughen, a Big Island parent who notified both state and federal officials about the smoking in school buildings despite the federal ban, has been fighting for two years to get rid of the exemption for UPW workers.
"The issue basically comes down to children's health versus accommodating an employee's addiction to tobacco," she said.
The DOE has begun taking steps to comply with the federal requirements under the Pro-Children Act, according to DOE spokesman Greg Knudsen. "At this point, it's quite clear that cessation must occur," he said.
The DOE has informed the union about the impending changes, but has not yet received a response, Knudsen said. The department is also in negotiations on how to provide assistance for those who decide to quit smoking because of the changes.
State UPW director Dayton Nakanelua did not return calls yesterday.
Dein-Gaughen said she became aware of the issue two years ago when she saw a custodian and special-education aide smoking in the custodian's office while an autistic student sat in the room. "I was disgusted," she said. The following September, she started working with the Legislature to institute a campus-wide smoking ban.
"The schoolchildren should be able to go to school and have the healthiest and safest environment possible while they are attending school," Dein-Gaughen said. "They deserve the best we can provide."
The school administration has a hard time telling some employees to go ahead and smoke and telling others they can't, which leads to others smoking on campus, Dein-Gaughen said.
She points out that if the state does not come into compliance, the Pro-Children Act stipulates fines of $1,000 per incident, which could be applied retroactively. "If you look at how many times somebody smokes on campus multiplied by the number of campuses in the state multiplied by how many days we have in the school year, the fines can be overwhelming," she said.
State Rep. Dennis Arakaki, D-30th (Moanalua, Kalihi Valley, 'Alewa), chairman of the Health Committee, introduced the bill to ban smoking on campus after hearing from Dein-Gaughen and other Big Island parents. "I hadn't realized not all school areas and all school personnel was covered," by the current DOE rules banning smoking on campus, he said.
In addition to concerns about secondhand smoke, Arakaki said, "I think it's important for adults to be good role models for our kids. If the message is for kids to not start smoking, obviously we should not have adults who are present smoking."
The bill was actually heard last year, but decision-making was postponed to give the state time to work out an agreement with UPW with the understanding that the bill would be passed this year if no agreement could be worked out, Arakaki said.
He said he is optimistic the bill will pass this time. "The support is very strong and I think some of the concerns about the workers have been addressed or will be addressed."
Joshua Caba, a second-grader at Salt Lake Elementary School, said he never sees people smoking on campus and he is glad to hear that smoking won't be allowed on any campus.
He said he doesn't like being around second-hand smoke. "It makes me cough sometimes," he said.
His older brother Kenesen, who is in the third grade, said, "It gives me a headache."
Both brothers agreed that smoking is not cool no matter who is doing it. Do they admire people who smoke cigarettes? "No!" they both shouted, shaking their heads emphatically.
Reach Treena Shapiro at tshapiro@honoluluadvertiser.com or 525-8070.
