Testimony
	New York City Department of Health & Mental Hygiene Office of Communications

Good morning, Borough President Fields. I am Nancy Miller, Assistant Commissioner for Tobacco Control for the New York City Department of Health and Mental Hygiene. I appreciate the opportunity to discuss this important issue.

On March 30, 2003, Local Law 47, the New York City Smoke-Free Air Act, went into effect. The law was enacted to guarantee the right of all workers to a safe, smoke free workplace.

Second-hand smoke is an environmental poison. Exposure to second-hand smoke causes heart disease and lung cancer, killing an estimated 1,000 New Yorkers every year. In addition, it causes illness such as emphysema, asthma, respiratory diseases and many other ailments in more than 40,000 New Yorkers. Just 30 minutes of exposure changes the way your blood clots and your blood vessels react in a way that increases the risk of heart disease.

Recent studies show that workers in bars, bowling alleys, billiard halls, bingo parlors, and betting establishments are the occupational group most heavily exposed to second-hand smoke in workplaces. Exposure to second-hand smoke shows that air nicotine concentrations in bars, bowling alleys, billiard halls, bingo parlors and betting establishments are up to 18 times higher-and under the highest exposure concentrations can be up to 26 times higher-than in offices or residences. In less than two hours in a smoky bar, workers and patrons breathe in more pollution than is allowed in a whole day under proposed EPA outdoor air quality standards. These levels of exposure are associated with unacceptable levels of excess heart disease and lung cancer mortality risk among workers in the food and hospitality industry.

Second-hand smoke is an occupational hazard whether you are a waiter or secretary, a bartender or a banker. Prior to the enactment of the 2002 SFAA, more than 415,000 non-smoking New York City workers were exposed to the second-hand smoke all or most of the time. Workplace smoking regulations fostered a disparity in health protection by failing to provide protection to many workers in offices and restaurants, and provided no protection at all to employees of bars, bowling alleys, billiard halls, bingo parlors, and betting establishments. Many of these workers are members of minority groups who are poorly paid and who work long hours, during which time they are continually exposed to the hazards of second-hand smoke.

Business owners do not have the right to expose some workers to extremely hazardous chemicals and known carcinogens while law protects the health of other workers. Government has the responsibility to protect the health and safety of all workers and the public at large. A fundamental principle of worker safety is that workers should not have to choose between their health and their jobs.

Since the 1995 Smoke-Free Air Act, movie theaters, concert halls museums, airplane terminals, train stations, sports stadiums, and many restaurants and offices have been smoke free. There is no evidence that attendance or income from these facilities has declined. Studies in New York City and around the country confirm that smoke-free air laws do not hurt businesses.

While there have been anecdotal reports of some establishments losing business, the data show that city bar and restaurant industry actually grew in the first 3 months of the law's implementation. In July 2003, Commissioner Frieden and Economic Development Corporation President Alper released data from the New York State Department of Labor that showed employment in New York City restaurants and bars increased by 1,500 seasonally adjusted jobs, amounting to an absolute gain of nearly 10,000 jobs since the implementation of the SFAA of 2002. The increase between March and June of 2003 (6.3%) is slightly larger than the increase seen during the same period last year (6.0%). These results are consistent with those nationwide which show that smoke free legislation does not have a negative impact on employment in bars and restaurants. Additionally, Crain's reports that hotel revenues are up for the first time in three years.

Compliance with the law during the first 6 months has been extraordinarily high at 98%-exceeding all expectations. To date, we have had:

• 26,067 inspections
• 1,911 complaints (1,465 via website and 396 via phone)
• 3,212 inspections based on these complaints
• 524 Notices of Violation (NOVs)
• 30 repeat offenders (establishments with >2 NOVs)

In summary, making workplaces smoke-free is a critical measure for mitigating the substantial risk that arises from exposure to second-hand smoke with strong public support: 73% of New Yorkers support a law to make all workplaces smoke-free, including restaurants and bars. This should not be surprising as 8 out of 10 New York City residents do not smoke, and among those who do, most want to quit.

All workers deserve a safe and healthy work environment. It is unacceptable to argue that employees' and customers' health should be jeopardized because of the perception that it may be better for a business's bottom line. We don't allow chemical plants or oil companies to knowingly endanger worker health. Bars or restaurants should not be allowed to do that either.

In a democratic society, laws are created to protect people from threats to health and safety. Drunk driving laws and pollution restrictions for industry were born of an understanding that freedom is not absolute. The Smoke-Free Air Act does not deny the right of smokers to smoke; it asserts that the right of workers to breathe smoke-free air without known carcinogens and poisons trumps the desire of smokers to smoke anywhere and at any time.

The Smoke-Free Air Act of 2002 is a remarkable victory for worker safety, making New York City a leader in comprehensive workplace protection from second-hand smoke. Smoke-free workplace legislation is now being considered in cities and states across the nation and in other countries including Ireland, Sweden, and the United Kingdom. Implementation of the law has gone smoothly, businesses have not been harmed by going smoke-free, and most importantly, the Smoke-Free Air Act will save thousands of lives in New York City.

Thank you for this opportunity to testify. I will be happy to answer any questions you may have.

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