Truckers may be smoking in Florida, but this time it’s likely to be coming out of their ears.

That’s because in July, a near-complete ban on smoking in all indoor workplaces went into effect. That means in every restaurant, truckstop, repair shop or any other place truckers are likely to frequent, drivers cannot light up.

And while the law has been in effect nearly a month, officials in Florida still are unable to say whether it applies to truckers in their cabs.

Smoking out some answers

The new regulations, approved by 71 percent of Florida voters in an election in November, would place a $100 fine for the first offense. Repeat puffers could burn up to $500 of their money in fines, and fines for business owners start at $250.

Many workplaces in the state already banned smoking, but the new law makes the ban far more widespread. Now lighting up is only allowed in a small number of places, including some small tourist cafés and private nightclubs.

While truckers already face a ban when they stop, it’s still unknown whether it will affect them behind the wheel. Despite the fact that the law went into effect July 1, officials at the Department of Health have not yet determined whether the cab of a tractor-trailer is considered a workplace under the law.

Donna Arnold, a program specialist at Florida Department of Health, sent a message to her department’s legal section earlier in July asking to clarify whether the law would affect truckers in their cabs. As of July 29, she had not received a response.

Under the previous law in Florida, “If you had two people then it would be their common workplace, and if one objected, then smoking would be prohibited,” Arnold said. “But of course now with a complete ban, it’s a little different, and we’re trying to get some legal clarification from our legal department here.”

The language used in the bill, she said, was not clear about trucks and some other workplaces.

“There’s nowhere in the bill it talks about vehicles at all, so does it fit under the enclosed indoor workplace where you’re engaging in work?” Arnold said. “We’ve always seen it like that’s where somebody does their eight-hour job; it’s no different than me sitting here at my desk.”

Arnold did not know when she would get information from legal, but said “hopefully soon.” Until the legal department clarifies whether truck cabs are covered under the law, Arnold said she could not advise truckers about what they should do, but her department would not pursue complaints against truckers in those circumstances.

How it works

No action is taken under the new Florida law until someone – an employee or member of the public – files a complaint.

If a complaint were filed, the state would then send a compliance letter to the company owning the truck. The company or individual would have 30 days to respond to the state and tell officials that either they think they are in compliance or that the law does not apply to them.

If the company does not respond, the response does not meet the law’s requirements or if there is another complaint, then a local health official will inspect the workplace, Arnold said, to verify what is happening.

If the company comes into compliance, or if the inspector does not see evidence of violations, the case is closed. But if violations are present and the company won’t fix them, “based upon the observable violations that our inspector witnessed, we do an administrative complaint.”

At that point, the company would face a fine. If it refused to pay, Arnold said, the department would ask the courts to collect the money for the state.

Arnold doubted complaints would be filed against truckers who travel alone or owner-operators.

“Someone would have to see them in a truck smoking and decide that was a violation and call us,” she said. “I don’t think that’s going to happen.”

“They would have to give me the name of the company and all kind of information for me to even process the complaint. I don’t know how they’re going to do that unless there’s something on the truck they can get information from.”

That should be easy enough. The Federal Motor Carrier Safety Administration says every truck must carry the company’s legal name and the motor carrier identification (USDOT) number in lettering visible 50 feet away. Many trucks also carry the address and phone number of the owner.

Defiance already

Already, at least one business related to trucking is making a stand against the new law.

John and Wava Saunders, who run Grandma's Kitchen at the Citgo truck stop near the intersection of U.S. 301 and Interstate 4 on the east side of Tampa, FL, have decided to allow their truckers to light up while they eat, The Associated Press reported July 30.

The couple know that they will likely hear from the state, but they have decided they will make a stand, and that they will pay the fines if any are levied.

In fact, the Saunders have even put a sign on the front door telling people just that, and letting them know that if they don’t like it, they can go somewhere else.

“It's a civil matter,” John Saunders said. “They can't shoot us, they can't hang us, they can't throw us in jail. The worst that can happen is that we'll have to close.”

“We know we're going to get fined,” Wava Saunders told the new service. “But somebody has got to stand up for these things.”

--by Mark H. Reddig, associate editor

Mark Reddig can be reached at mreddig@landlinemag.com.