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Leroy J Pletten

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Member Since: May, 2007

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Pieces of Me
by Lena Kovadlo

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Tobacco Smoking Conduct
Thursday, May 24, 2007  5:27:00 PM

by Leroy J Pletten

In 1986 my first article in a medical journal appeared on the tobacco smoking issue. I covered the issue of one of its major toxic chemicals exceeding OSHA limits.

The smoker of cigarettes is constantly exposed to levels of carbon monoxide in the range of 500 to 1,500 parts per million when he or she inhales cigarette smoke. . . .

Rules such as 29 CFR § 1910.1000 provide specific examples of hazards such as carbon monoxide (limit of 50 parts per million). An employer has a duty to prevent and suppress hazardous conduct by employees. Compliance with 29 CFR § 1910.1000.Z is mandatory, not optional.

Relative to smoking, an employer must comply with the “duty to prevent and suppress” a hazard such as carbon monoxide, since “the detrimental effects of cigarette smoking on health are beyond controversy. . . .

So-called nonsmokers' rights cases such as Shimp v New Jersey Bell Telephone Co, 145 NJ Super 516; 368 A2d 408 (1976), and Smith v Western Electric Co, 643 SW2d 10 (Mo App 1982) . . . arrived at the right result—suppression of hazardous conduct.”
Smoking as Hazardous Conduct

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