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EO 13058Executive OrderClinton · D

Executive Order 13058

Protecting Federal Employees and the Public From Exposure to Tobacco Smoke in the Federal Workplace

This executive order establishes a smoke-free environment in federal workplaces by prohibiting tobacco smoking in all interior spaces owned, rented, or leased by the executive branch, with limited exceptions for specially designed smoking areas. It provides a one-year phase-in period for implementation and encourages agency heads to establish smoking cessation programs.

Federal Register Open PDF 62 FR 43451

Impact dates

  1. Full implementation of smoke-free policy achieved

Key directives

  • Prohibit smoking in all interior space owned, rented, or leased by the executive branch
  • Prohibit smoking in outdoor areas under executive branch control in front of air intake ducts
  • Allow designated smoking areas only if enclosed, exhausted directly outside, maintained under negative pressure, and workers not required to enter during smoking
  • Agency heads may establish limited written exceptions for mission necessity
  • Agency heads to evaluate need for smoking restrictions at doorways and courtyards
  • Agency heads encouraged to establish smoking cessation programs
  • Agency heads responsible for implementation and compliance
  • Implementation achieved no later than 1 year after signing date
  • During phase-in: inform employees and visitors of requirements, inform employees of health risks of environmental tobacco smoke
  • Implementation consistent with Federal Service Labor-Management Relations Act and National Labor Relations Act
  • Honor existing collective bargaining agreements
  • Consult with employee labor representatives about implementation

Who is ordered

Timeline

Immediate

  • EO takes effect upon signing

Near term (90d)

  • agency heads to begin informing employees and visitors of requirements
  • agencies to review current smoking policies for compliance
  • agencies to consult with employee labor representatives

Long term

  • full implementation of smoke-free policy by August 9, 1998
  • ongoing smoking cessation programs
  • potential expansion to doorways and courtyards based on agency evaluations

Risks & tensions

  • Collective bargaining agreements may create friction with implementation timeline
  • Mission-necessity exceptions (Section 2(e)) could be broadly interpreted by agency heads, potentially weakening policy
  • No private right of action (Section 8) limits enforcement mechanisms to internal agency compliance
  • Independent agencies only 'encouraged' to comply, creating coverage gap
  • Vague standard for 'negative pressure' in designated smoking areas may lead to inconsistent implementation
Executive Order 13058: Protecting Federal Employees and the Public From Exposure to Tobacco Smoke in the Federal Workplace · Executive Orders