Officials receive many questions

Some local business owners complain about competitors violating the law.
By WILLIAM K. ALCORN
VINDICATOR STAFF WRITER
YOUNGSTOWN -- Most calls received by area health departments since Ohio's indoor workplace smoking ban went into effect Thursday have been seeking information -- rather than filing complaints.
Likewise, an Ohio Department of Health spokesman estimated that more than half of the 10,000 calls the department received between Thursday and Monday were for information.
"It's encouraging because it shows people are aware of the law," said Kristopher Weiss, ODH spokesman.
However, Weiss said, "I also saw a pretty big stack of complaints. We will follow up on any complaints by reminding businesses of the law."
Even though enforcement rules are not in place, there is no grace period in adhering to the law, he said.
Weiss said an advisory committee to help develop the enforcement mechanism was convened last week and is scheduled to meet again Monday.
He said Dr. J. Nick Baird, ODH director, takes enforcement of the law "very seriously," giving impetus to quickly getting the rules on the books.
Expects rules by spring
Weiss said he expects enforcement rules to be in place sometime this spring and a draft of the plan posted on the ODH Web site -- www.odh.ohio.gov -- much sooner than that.
"It's an implementation period ... a time for us to help businesses understand what they are to do under the law," he said.
The deadline for having enforcement rules in place is June 7, 2007, six months after the smoking ban went into effect.
Weiss said the advisory committee consists primarily of stakeholders, such as public health commissioners, representatives of the American Cancer Society and American Lung Association, the grocers, restaurant and licensed beverage associations, and the Tobacco Use and Prevention Foundation.
Local experience
Locally, Mel Milliron, health educator for the Trumbull County Health Department, said a number of complaints lodged in Trumbull County were from businesses that are obeying the law but say their competitors are not.
In Youngstown, Neil Altman, health district commissioner, said his department has received fewer calls since the law went into effect than before. "I am seeing a lot of compliance," Altman said.
"We answer the questions we can," but because the enforcement mechanism is not yet in place, Altman said his department refers complaints to the ODH.
Rick Setty, Mahoning County director of environmental health, said of the dozen or so calls he has fielded, none have been complaints about the law being broken.
Setty said the health board has compiled a packet of information about the law that it sends to people who request it. Questions the board can't answer are forwarded to the state health department.
One questions Setty himself has is where legal action can be taken for complaints or challenges. At present they must be filed in Franklin County, which he said would be inconvenient, time-consuming and expensive for everyone concerned.
Setty said he hopes the enforcement rules will allow actions to be taken in local courts.
People seeking information about the law can call toll-free (866) 559-6446, Weiss said.
alcorn@vindy.com