EO 13058
Effective Date: August 09, 1997

Responsible Office: Office of Human Resources and Education
Subject: Protecting Federal Employees and the Public From Exposure to Tobacco Smoke in the Federal Workplace

By the authority vested in me as President by the Constitution and the laws of the United 
States of America and in order to protect Federal Government employees and members of 
the public from exposure to tobacco smoke in the Federal workplace, it is hereby ordered 
as follows:

Section 1.  Policy.  It  is the policy of the executive branch to establish a smoke-free 
environment for Federal employees and members of the public visiting or using Federal 
facilities.  The smoking of tobacco products is thus prohibited in all interior space owned, 
rented, or leased by the executive branch of the Federal Government, and in any outdoor 
areas under executive branch control in front of air intake ducts.

Sec. 2. Exceptions.  The general policy established by this order is subject to the following 
exceptions:  (a) The order does not apply in designated smoking areas that are enclosed 
and exhausted directly to the outside and away from air intake ducts, and are maintained 
under negative pressure (with respect to surrounding spaces) sufficient to contain tobacco 
smoke within the designated area.  Agency officials shall not require workers to enter such 
areas during business hours while smoking is ongoing.

        (b) The order does not extend to any residential accommodation for persons 
voluntarily or involuntarily residing, on a temporary or long-term basis, in a building 
owned, leased, or rented by the Federal Government.

        (c ) The order does not extend to those portions of federally owned buildings leased, 
rented, or otherwise provided in their entirety to nonfederal parties.

        (d) The order does not extend to places of employment in the private sector or in other 
nonfederal governmental units that serve as the permanent or intermittent duty station of 
one or more Federal employees.

        (e) The head of any agency may establish limited and narrow exceptions that are 
necessary to accomplish agency missions.  Such exception shall be in writing, approved by 
the agency head, and to the fullest extent possible provide protection of nonsmokers from 
exposure to environmental tobacco smoke.  Authority to establish such exceptions may 
not be delegated.

Sec. 3.  Other Locations.  The heads of agencies shall evaluate the need to restrict 
smoking at doorways and in courtyards under executive branch control in order to protect 
workers and visitors from environmental tobacco smoke, and may restrict smoking in 
these areas in light of this evaluation.

Sec. 4.  Smoking Cessation Programs.  The heads of agencies are encouraged to use 
existing authority to establish programs designed to help employees stop smoking.

Sec. 5.  Responsibility for Implementation.  The heads of agencies are responsible for 
implementing and ensuring compliance with the provisions of this order.  "Agency" as 
used in this order means an Executive agency, as defined in 5 U.S.C. 105, and includes 
any employing unit or authority of the Federal Government, other than those of the 
legislative and judicial branches.  Independent agencies are encouraged to comply with the 
provisions of this order.

Sec. 6.  Phase-In of Implementation.  Implementation of the policy set forth in this order 
shall be achieved no later than 1 year after the date of this order.  This 1 year phase-in 
period is designed to establish a fixed but reasonable time for implementing this policy.  
Agency heads are directed during this period to inform all employees and visitors to 
executive branch facilities about the requirements of this order, inform their employees of 
the health risks of exposure to environmental tobacco smoke, and undertake related 
activities as necessary.

Sec. 7.  Consistency with Other Laws.  The provisions of this order shall be implemented 
consistent with applicable law, including the Federal Service Labor-Management Relations 
Act (5 U.S.C. 7101 et seq.) and the National Labor Relations Act (29 U.S.C. 151 et seq.) 
Provisions of existing collective bargaining agreements shall be honored and agencies shall 
consult with employee labor representatives about the implementation of this order.  
Nothing herein shall be construed to impair or alter the powers and duties of Federal 
agencies established under law.  Nothing herein shall be construed to replace any agency 
policy currently in effect, if such policy is legally established, in writing, and consistent 
with the terms of this order.  Agencies shall review their current policy to confirm that 
agency policy comports with this order, and policy found not in compliance shall be 
revised to comply with the terms of this order.

Sec. 8.  Cause of Action.  This order does not create any right to administrative or judicial 
review, or any other right or benefit, substantive or procedural, enforceable by a party 
against the United States, its agencies or instrumentalities, its officers or employees, or 
any other person or affect in any way the liability of the executive branch under the 
Federal Tort Claims Act.

Sec. 9.  Construction.  Nothing in this order shall limit an agency head from establishing 
more protective policies on smoking in the Federal workplace for employees and members 
of the public visiting or using Federal facilities.

                                       William J. Clinton

August 9, 1997.

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