Law closes loophole that let some workers smoke in school

By Mike Gordon
Advertiser Staff Writer

The governor has stubbed out an exemption to a state law that allowed custodians and cafeteria workers in public schools to smoke at work even though state and federal law prohibited tobacco use on campus.

Gov. Linda Lingle signed a bill Tuesday, duplicating a state Department of Education smoking ban that began April 12. Both actions were aimed at closing a loophole that allowed smoking on campus by United Public Workers members, who had arbitrated the exemption in 1995.

The new law states that smoke breaks shall be given for employees who want to light up, but they must go off campus.

At Palolo Elementary School, cafeteria manager Denise Camanse used to smoke in the room that the school's UPW members used, even though she belongs to another union. Now everyone has to go outside.

"It's just lucky that my cashier/adult supervisor lives across the street so that when I go and smoke, I can sit on her stairs and when it rains I can sit under her covered garage," Camanse said.

Some people use the bus stop in front of the school, but standing there, with the traffic zooming by, can make a smoker feel uncomfortably on display, Camanse said.

The new law also requires the state to offer stop-smoking programs for interested workers.

DOE spokesman Greg Knudsen said it isn't clear how workers feel about the smoking ban.

The DOE's smoking restrictions in April were not made with pending legislation in mind. Instead, it was a response to a U.S. Department of Education query about how the state was going to make school workers comply with federal law.

"I believe there still may be some concerns," Knudsen said. " ... These are our employees and we want them to feel good about whatever arrangement is made. But at the same time, we feel strongly that campuses should remain smoke free."

Reach Mike Gordon at mgordon@honoluluadvertiser.com or 525-8012.