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Man fined $305 for smoking in workplace - his truck

This is a discussion on Man fined $305 for smoking in workplace - his truck within the Tobacco Legislation forums, part of the The Cigar Lounges at Puff category; This is insane. Reproduced article: TORONTO — Ontario’s transportation minister was surprised by the first charge laid in the province ...

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Old 10-08-2009, 05:57 PM   #1
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Man fined $305 for smoking in workplace - his truck

This is insane.

Reproduced article:

TORONTO — Ontario’s transportation minister was surprised by the first charge laid in the province against a trucker for smoking in his rig but the province’s health promotion minister hopes the incident will help convince more people to butt out.
Ontario Provincial Police pulled over a truck on Highway 401 near Windsor on Wednesday when the driver was seen smoking.
Police handed out a $305 ticket because the truck is his workplace and smoking is prohibited at all workplaces in Ontario.
That’s the way the law is supposed to work, said Health Promotion Minister Margarett Best.
“It’s about health, and I’m not looking at this from the perspective of whether it’s a milestone or not,” Best said of the charge.
“I’m looking at it from the perspective of being concerned about the health of Ontarians.”
Labour Minister Peter Fonseca also said the charge and fine were appropriate given the circumstances and the province’s stated goal to reduce smoking as much as possible.
“Work vehicles were deemed workplaces in that act, so that is a place of work,” said Fonseca.
Transportation Minister Jim Bradley said he couldn’t comment directly on an individual case, but he would be watching closely to see how the courts deal with it.
“It would be interesting to see how this develops in the court case,” said Bradley.
“That’s interesting. It’s a new one to me.”
The Smoke-Free Ontario Act adopted in 2006 prohibits smoking in enclosed workplaces and public areas, such as bars and restaurants.
Neil MacKenzie, the manager of tobacco programs for the Windsor-Essex County Health Unit, said even a farmer’s enclosed tractor would be considered a work environment.
“Technically, that would be the workplace and it’d be an enclosed work environment,” he told Windsor radio station CKLW.
“Whether or not you have the sunroof open or windows down ... it’s an enclosed workplace and you’re prohibited from smoking in that vehicle.”
MacKenzie added, however, that no one would march into a field and fine a farmer for smoking in an enclosed tractor.
“Before we take any radical action on it, we’d confirm with the Ministry of Health whether there’s precedent,” he said.
“We’d make sure the farmer understood requirements and give the opportunity for full compliance.”
In June 2008, the Ontario law was extended to ban smoking in vehicles containing children under 16.
Last February, a 29-year-old woman from the Sarnia, Ont., area was charged under the ban after she was allegedly found smoking with five young children in the vehicle. Officers said they found both the driver and a 19-year-old female passenger smoking cigarettes.
Several provinces, meanwhile, plan to join forces against tobacco companies to recover health-care costs related to smoking.
Quebec confirmed earlier this month it was joining Ontario, British Columbia and New Brunswick in filing a multibillion-dollar lawsuit against tobacco manufacturers.
Ontario’s $50-billion lawsuit against three tobacco companies is aimed at recovering the cost of treating smoke-related illnesses dating back as far as 1955.
The provinces began to consider legal action after a 2005 Supreme Court of Canada ruling that upheld British Columbia’s right to seek compensation against tobacco companies.
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Old 10-08-2009, 06:47 PM   #2
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Re: Man fined $305 for smoking in workplace - his truck

Ridiculous. It's sad that I can't help but feel that this is the future for the US as well.
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Old 10-08-2009, 08:09 PM   #3
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Re: Man fined $305 for smoking in workplace - his truck

F'n ridiculous. It seems everyday I read about something else that is totally out of whack in this world and it doesn't even have to be about cigars. We are losing our rights so quickly and my biggest fear is that we are letting them go without a fight.
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Old 10-08-2009, 08:21 PM   #4
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Re: Man fined $305 for smoking in workplace - his truck

$305 is cheap!!

When the company I work for went "smoke free", if you were cought on the clock or even on the property off the clock smoking, they fired you on the spot! NO JOKE!! I know of 4 that got busted. They said "it was to help with the healthcare funds." And that alot of people were abusing the "smokeshack" they had. Instead of 2 15min (on the clock) breaks a day, theyd take 5 or 6....
Now, a few years later, its just a write-up. They figured training help was a PITA and good people were hard to find I guess.....
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Old 10-08-2009, 08:46 PM   #5
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Re: Man fined $305 for smoking in workplace - his truck

Quote:
Originally Posted by zeavran1 View Post
Ridiculous. It's sad that I can't help but feel that this is the future for the US as well.
I have heard that the DOT officers in California are writing tickets to drivers for smoking in their trucks. Dont know if its true or not, wouldnt be surprised though.

I already know what Im gonna do if they write me one. Will roll it up tightly, hand it back & politely tell officer "that should make it easier". Said officer can figure out the rest.
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Old 10-08-2009, 09:06 PM   #6
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Re: Man fined $305 for smoking in workplace - his truck

Quote:
Originally Posted by ejgarnut View Post
I have heard that the DOT officers in California are writing tickets to drivers for smoking in their trucks. Dont know if its true or not, wouldnt be surprised though.

I already know what Im gonna do if they write me one. Will roll it up tightly, hand it back & politely tell officer "that should make it easier". Said officer can figure out the rest.
Just do like me; tint your windows dark!
Mine are way past "legal" in my city/state at 10-15%. Legal is 30%.
You can't see much inside of my truck. The fuzz don't bother me bc I don't look the "dealer" type; I ride on 16s with 35" mudders.

But then again we don't have any BS smoking bans except for a few cities over and its only in public buildings (resturans bars etc...)
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Old 10-09-2009, 12:03 AM   #7
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Re: Man fined $305 for smoking in workplace - his truck

Welcome to the New World Order...Get ready for a bumpy ride.



Good luck to all of us that believe that Individual freedoms are important.
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Old 10-09-2009, 11:25 AM   #8
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Re: Man fined $305 for smoking in workplace - his truck

Well past time for a Tea Party. Poor canucks just don't realize it, maybe cuz they never did it the first time as they should have.

Not sure if enough gringoes still have the sack to put one together, but the time draws nigh.

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Old 10-10-2009, 01:41 AM   #9
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Re: Man fined $305 for smoking in workplace - his truck

Damn smoking Nazis! pretty soon you will get a ticket for farting in public.
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Old 10-10-2009, 02:35 AM   #10
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Re: Man fined $305 for smoking in workplace - his truck

Quote:
Originally Posted by thebayratt View Post
Just do like me; tint your windows dark!
Mine are way past "legal" in my city/state at 10-15%. Legal is 30%.
You can't see much inside of my truck. The fuzz don't bother me bc I don't look the "dealer" type; I ride on 16s with 35" mudders.

But then again we don't have any BS smoking bans except for a few cities over and its only in public buildings (resturans bars etc...)
Tsk Tsk Shawn! Smoking in your truck again?


Shame on you!!!!
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Old 10-11-2009, 11:28 AM   #11
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Re: Man fined $305 for smoking in workplace - his truck

Quote:
Originally Posted by zeavran1 View Post
Ridiculous. It's sad that I can't help but feel that this is the future for the US as well.
It's heading that way unless the people put a stop to it....
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Old 10-11-2009, 12:55 PM   #12
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Re: Man fined $305 for smoking in workplace - his truck

“Work vehicles were deemed workplaces in that act, so that is a place of work,” said Fonseca

Oh the irony! I wonder if he knows that his last name is the same as a well established brand of cigars?
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Old 10-11-2009, 04:40 PM   #13
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Re: Man fined $305 for smoking in workplace - his truck

Seems to be the way of the world...
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Old 10-13-2009, 12:56 PM   #14
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Re: Man fined $305 for smoking in workplace - his truck

Those crazy Canadian brother of ours...but they do have "free" healthcare! LOL
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Old 10-13-2009, 01:20 PM   #15
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Re: Man fined $305 for smoking in workplace - his truck

Vote libertarian!
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