Lawsuits are becoming more common in the hospitality industry due to the potential hazardous health effects of employees and patrons exposure to secondhand tobacco smoke.
Recently, a group of ventilation experts hired by ACGIH and OSHA made a discovery that dilution ventilation, which is something used in just about every mechanically ventilated building does not control secondhand smoke in the hospitality industry, which would include nightclubs, restaurants, bars, casinos, and so on. With this finding, it quickly became apparent that a new and more advanced form of technology was needed.
Although many states now have strict rules about smoking in restaurants, other hospitality industries still have unlimited smoking, which means non-smokers either cannot visit those places or they have to accept that they are placing their health at risk by going. Not only is secondhand smoke a serious problem, but when you consider that proper ventilation is not routinely enforced nor are all codes followed, it is no wonder that people become sick.
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The problem is that even with special sections designated for non-smokers, the smoke still flows in the air breathed meaning the risk of lung cancer, respiratory infection, asthma, and other major illnesses is still very real.
The air nicotine levels for bars, restaurants, casinos, smoking lounges, bowling alleys, and nightclubs is still a huge problem. In fact, even with improved ventilation and new means of control technology, it is still estimated that the risk of lung cancer and heart disease for workers in the hospitality industry is between 15% and 25% MORE than the significant risk level established by OSHA.
Unfortunately, for the individuals working in the hospitality industry, a large majority are stuck. Within this industry, you often find workers that do not have a college degree, single parents that need flexible hours, college students, and other individuals that are not afraid of hard work but unable to work in other industries. For these people, while they love the work they do, they have no choice but to go to work every day and breathe in secondhand smoke.
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The good news is that many of these hospitality workers are now fighting back through lawsuits or lobbying to change laws. While there have been a number of unsuccessful lawsuits over the years filed by smokers against tobacco companies, today we see more and more non-smokers standing up for their rights to enjoy public places without having to put them or their family at health risk.
One such lawsuit was filed that soon became the “mother of all tobacco lawsuits”. With this case, the trial began on September 21 in Washington, DC and after five years, $135 million dollars of public money was spent just in gathering evidence. This lawsuit consisted of the United States Government facing off with the big tobacco companies. However, smaller lawsuits have been cropping up more and more in the past few years from individuals tired of breathing secondhand smoke.
For example, in 1998, there were lawsuits filed from 46 of the states against tobacco companies, resulting in a payout of more than $256 billion. Because more people are speaking out, the U.S. government is paying attention. In fact, governmental lawyers are now supporting non-smokers, trying to prove that tobacco companies committed fraudulent acts by deceiving the public for the past 50 years about the dangers of smoking, let alone secondhand smoke.
The challenge with secondhand smoke and the hospitality industry is that lawyers for major tobacco companies say intent to mislead or defraud non-smokers sets the bar way too high. Although this challenge is massive and will take many years to resolve, what it does show is that workers in the hospitality industry, as well as people that enjoy frequenting these types of establishes are in fact tired of having to breathe polluted air.
In addition to government backing, many organizations have been formed to educate the public about secondhand smoke and to change the rules for public smoking. The new bans that are going into effect here in the United States along with other countries around the globe include tobacco advertising, sponsorship, and promotion. This includes changing the packaging and labeling on tobacco products, rewording deceptive terminology, establishing smoke-free areas within the hospitality industry, fighting tobacco smuggling, increasing tobacco taxes, promoting public health, and other measures to protect non-smokers in the hospitality industry.
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About the author / resource box:
Dr. Craig Donnelly founded BPA Air Quality Solutions / BreathePureAir.com as a result of his experience with his patients, many of whom suffered from allergies, asthma and airborne environmental sensitivities. Having been diagnosed with asthma himself, Dr. Craig understood about the origin of the health consequences many of his patients experienced on a daily basis from breathing contaminated indoor air . BreathePureAir.com specializes in home air purifiers, commercial air cleaners and smoke eaters and industrial air purifiers solutions.
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