Since the objections to a smoking ban seem to be a fear of loss of profits over concern for employees health, I propose the following law be enacted to preserve the freedom of choice for bar and private club owners...and any other employer who wishes to allow smoking in their business. The argument that people choose to work in smoking establishments makes sense only in an economy where there is a plethora of well-paying jobs and working in such establishments is truly a choice. In today's economy, people are often forced to work where they can find it not where they would like.
"Any employer who wishes to allow his establishment to be a non-smoke free environment takes on the liability of his employees health care in relation to any health care problems related to or aggravated by tobacco smoke. The burden of proof falls upon the owner of the establishment to prove that the health problem was NOT caused by exposure at his place of business. No employees shall be forced to sign waivers to this provision prior to or during employment nor shall any such waivers be deemed valid as related to smoking exposure. This burden shall not be construed as license to disregard employees right to privacy. Reasonable access to medical records and health history shall be permitted but shall not rise to the level of harassment as defined by law." Take issue with the wording any way you want but I think the gist of it is clear. Since a preponderence of scientific evidence (including a study showing that exposure to second hand smoke increases the risk of breast cancer, the results of which were released the day bar owners asked the courts to overturn the city of Minneapolis ordinance) shows that exposure to second hand smoke causes many health related problems, bar and club owners who wish to continue to profit by placing their employees at risk assume the burden of that risk as well. And the employee does not have to prove that their work exposure caused their problem to recover medical and other related expenses from the employer. So let the discussion begin. Steven M Nelson Willard Hay http://citizenshipchronicles.blogspot.com/ http://minutemenworldwide.blogspot.com/ Get UP! Get OUT! & GET INVOLVED!!! REMINDERS: 1. Be civil! Please read the NEW RULES at http://www.e-democracy.org/rules. If you think a member is in violation, contact the list manager at [EMAIL PROTECTED] before continuing it on the list. 2. Don't feed the troll! Ignore obvious flame-bait. For state and national discussions see: http://e-democracy.org/discuss.html For external forums, see: http://e-democracy.org/mninteract ________________________________ Minneapolis Issues Forum - A Civil City-focused Civic Discussion - Mn E-Democracy Post messages to: mailto:[email protected] Subscribe, Un-subscribe, etc. at: http://e-democracy.org/mpls
