THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Wednesday, October 16, 1996 TAG: 9610160635
SECTION: FRONT PAGE: A1 EDITION: FINAL
SOURCE: BY ALEX MARSHALL, STAFF WRITER
DATELINE: NORFOLK LENGTH: 83 lines
The city Tuesday outlined a proposed package of health regulations that would ban smoking and other tobacco use by police, firefighters and paramedics - even after they get home.
Assistant City Manager Sterling B. Cheatham told the City Council that the proposed regulations would be part of a new package of rules for public safety employees designed to encourage healthier lifestyles. Regular fitness testing was another part of the package.
A majority of the City Council members had concerns about the scope of the regulations.
Mayor Paul D. Fraim and Council members W. Randy Wright, Herbert M. Collins and Daun S. Hester said that prohibiting tobacco use by an employee at home was probably unenforceable and might be an invasion of privacy.
How, Fraim asked, would the city check on reports of employees smoking at home?
``Are you going to start chasing rumors down?'' Fraim asked. ``You're going to find yourself in a buzz saw on this.''
City Manager James B. Oliver said the proposals were part of a long-term city initiative to discourage drug use.
``Drug use is illegal, smoking is not,'' responded Wright. ``There's a big difference.'' Under such logic, the city should also prohibit the use of alcohol, Fraim and Wright said.
But Councilman G. Conoly Phillips, owner of a local car dealership, said many private companies were moving to this type of control, and that the city had shown leadership in the past in encouraging healthier employees.
``We're a little bit out front on this, and I think we ought to stay out front,'' Phillips said.
Norfolk would be the first city in Hampton Roads to prohibit tobacco use off the job for public safety employees, although Fairfax County has such a regulation, according to a survey prepared by the city staff. Virginia Beach has asked firefighters to sign a voluntary pledge not to smoke, according to the survey.
The complete ban on smoking would apply to those hired as of January 1997. At the same time, current public safety employees would be required not to smoke on the job. By January 1998, all public safety employees would be prohibited from smoking at any time.
Deputy City Manager Darlene L. Burcham said the city had not encountered opposition from public safety employees when the proposed ban was brought up during negotiations over the new pension regulations earlier this year.
But Howard E. Kangas, president of the Norfolk Police Union, said the union would fight the new rules in court if necessary. He said the new regulations would infringe on the privacy of police.
``Believe me, they have not talked these issues out well enough,'' Kangas said. ``If they are going to make a slam run at us, we'll just have to deal with them in court.''
Kangas also expressed concern over the proposal to institute fitness testing for public safety officials by January 1998. Such testing would not be fair to officers who have been injured on the job, Kangas said.
The city already asks all employees to sign an insurance statement about whether they use tobacco. Those who admit using tobacco are charged higher health insurance premiums, city officials said.
In applying the smoking ban only to public safety officials, the city would be following a precedent of controlling their off-duty behavior in ways above and beyond what is done with other city employees, said City Attorney Philip R. Trapani.
In addition, Cheatham said, the selective rules are appropriate because police must be in good shape and health.
Oliver said the city staff would review the proposals, based on the comments in council, before any action was taken. ILLUSTRATION: Graphic
Color photo
The proposal: As part of a package to encourage healthier
lifestyles, Norfolk would prohibit tobacco use for public safety
employees - on or off the job.
KEYWORDS: SMOKING by CNB