Section 1. It is recognized that there is a portion of the NIH workforce that smokes. To eliminate as much as possible the exposure of non smoking employees and visitors of NIH to secondhand smoke, it is desirable to limit employees as to where they can smoke. We recognize that it is still an individual's right to smoke, as long as it is within the guidelines of the NIH Smoking Policy and this article.

Section 2. The Agency encourages and supports all employees who wish assistance in eliminating their dependence on the use of tobacco products to enroll in authorized Smoking Cessation Programs (SCP). Information about these programs will be publicized and communicated throughout the NIH community. The Agency shall pay the full cost of employee SCP participation sponsored by the NIH and successfully completed by the employees. NIH-sponsored SCP activities shall be conducted during duty hours of the employee, to the maximum extent possible.

Section 3. The Agency has the right to limit smoking activity within reason, to prevent the employees from taking excessive breaks or interfering with the rights of nonsmokers. The employee may elect to substitute a break for smoking in place of their normal break period. In no case does this have to be regimented or scheduled but will be equal to the time normally allotted for the employee's breaks. Supervisors will exercise discretion in this area and not discriminate against employees because they smoke.

Section 4. The NIH will allow employees who smoke to use existing areas that provide a reasonable degree of protection from the weather for smoking. Employees will be required to observe footage restrictions of not smoking within 25 feet of any public entrance, air or fan intake that is properly identified with signs. Signs will not be placed beyond the 25 foot restricted no smoking area.

Section 5. The employees and the union may report any areas incorrectly identified as a 25-foot no smoking area to the NIH Office of Human Resource Management (OHRM) for correction. OHRM will review and if appropriate, order correction of identified areas.

Section 6. The footage restrictions for the NIH Clinical Center will be 100 feet in accordance with the Clinical Center policy.