OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.

March 3, 1988

Name Withheld

Dear (Name Withheld):

Thank you for your letter of February 5, in which you inquired whether a kit or monitoring device is available to measure the concentration of cigarette smoke in buildings.

The Occupational Safety and Health Administration (OSHA) does not have a standard on worker exposure to cigarette smoke in the workplace. OSHA does have an air contaminant standard, 29 CFR 1910.1000, Table Z-1, for the components of cigarette smoke, such as nicotine and carbon monoxide (copy enclosed).

We are not aware of commercially available simple monitoring device or kit for measuring the concentration of cigarette smoke in buildings. However, samples of cigarette smoke can be collected by a trained industrial hygienist with an air sampling pump that has a filter and a sorbent. The sample is sent to a chemical laboratory for analysis. You may wish to contact the OSHA Jackson Mississippi Area Office at the address listed below to discuss your work situation. You may also wish to request an OSHA inspection. Please be assured that your name will be kept anonymous.

A. De Jean King
Area Director
U.S. Department of Labor - OSHA Federal Building
100 West Capitol Street
Jackson, Mississippi 39201
Telephone: 601-960-4606

You also requested whether OSHA has information on employees' rights to work in a smoke-free environment. Again, you may wish to discuss this with A. De Jean King (above).

For more general information on smoking, you may contact the Office of Smoking and Health of the Department of Health and Human Services. The address is:

Office of Smoking and Health
5600 Fishers Lane
Parklawn Building Room 110
Rockville, Maryland 20859

I hope this information will be helpful to you.

Sincerely,



Roy Gibbs
Director
Office of Science and Technology Assessment