By law, NAIA should be 100% smoke-free indoors (part 3)

Click here for Part 1 and Part 2.

It took a while, but the Civil Service Commission Office of Legal Affairs finally responded to the MIAA general manager, reiterating that indoor smoking areas are NOT allowed, and that this is clearly stated in the CSC MC 17, s. 2009.

Here's a copy of the CSC-OLA letter (below).  So the question now is: Did the MIAA general manager disregard the CSC legal opinion by continuing to allow indoor smoking areas at NAIA? Should he not be held accountable for this?

By law, NAIA should be 100% smoke-free indoors (part 2)

In response to my letter, the Civil Service Commission called the attention of the Manila International Airport Authority, and the MIAA general manager in turn responded with his own letter (copied in full below; see also JPG image below).

I wonder where the GM got his copy of MC 17, s. 2009, because the clause he quoted ("prohibition shall not apply to those areas which have been designated as smoking areas with sufficient ventilation and available exhaust fans.") does not exist anywhere in CSC MC 17. For reference and to compare with a pdf copy of the CSC MC 17 s. 2009 as signed by CSC Chairman Saludo, please click here: http://excell.csc.gov.ph/MC2009/mc17s2009.pdf

Unfortunately, I did not have time to respond to the MIAA at that time.  Next: Part 3.

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10 May 2012

DIR. MA. LUISA SALONGA-AGAMATA, Ph.D., CESO V

Director lV

Civil Service Commission

CSC Building, IBP Road

Constitution Hills, Quezon City

Dear Director Salonga-Agamata :

This pertains to your 23 April 2012, a copy of which we received on 27 April 2012, concerning the observations of Dr. Ulysses Dorotheo on the smoking room at the Ninoy Aquino lnternational Airport (NAIA) departure area.

At the outset, we wish to thank Dr. Dorotheo for putting forth his observations and bringing the matter to our attention. Rest assured that the Authority is ever mindful of its obligations under the law, including those pertaining to the prohibition on smoking in government offices and buildings.

Accordingly, we have strictly imposed a ban on smoking in our Administration Building, posted visible "no smoking" signs in strategic areas and properly designated smoking areas in the different NAIA terminals. ln this regard, we take due note of the provision contained in CSC Memorandum Circular No. 17, s. 2009, which states that the "prohibition shall not apply to those areas which have been designated as smoking areas with sufficient ventilation and available exhaust fans."

Nevertheless, we have taken appropriate action on the matter by continually and closely monitoring the facilities of the designated smoking areas in order to ensure that proper ventilation and exhaust systems are in place and in working condition. While Dr. Dorotheo did not cite the specific terminal concerned, we have called the attention of all concessionaires operating smoking areas or lounges in all NAIA terminals.

ln closing, we wish to assure the Commission, Dr. Dorotheo and the rest of the traveling public that the Authority shall continue to strictly observe the provisions of all pertinent anti-smoking laws and issuances.

Yours,

MGEN JOSE ANGEL A. HONRADO AFP (Ret)

General Manager

By law, NAIA should be 100% smoke-free indoors (part 1)

Last week, Sen. Pia Cayetano complained about the poor condition of NAIA, particularly focusing on the filthy air caused by allowing smoking indoors.

In April 2012, I wrote to the MIAA general manager on this very issue. I'll share the reply I got from MIAA, as well as the CSC legal opinion, in my next blog posts.

Part 2
Part 3

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Date: Mon, Apr 9, 2012 at 9:50 PM

Subject: smoking rooms at NAIA

To: gmo@miaa.gov.ph, sagm@miaa.gov.ph, aod@miaa.gov.ph, pao@miaa.gov.ph, media@miaa.gov.ph,md@miaa.gov.ph, rfd@miaa.gov.ph

Cc: mmou@webmail.csc.gov.ph, <smoke_free_bureaucracy@yahoo.com>

MGen. Jose Angel A. Honrado, AFP (Ret)

General Manager

MIAA

Dear Sir,

I am writing to you about my recent experience flying through NAIA, wherein I and hundreds of other departing passengers were involuntarily subjected to the harmful fumes of tobacco smoke coming from the smoking room at the departure area. Unfortunately, this harm to health of all passengers, as well as airport and airline staff, is occurring on a daily basis.

The scientific evidence on this matter spans decades and is very clear in its conclusions: there is no safe level of exposure to tobacco smoke. This is widely recognized by the World Health Organization, the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), International Agency for Research on Cancer (IARC), as well as the 174 Parties (including the Philippines) to the Framework Convention on Tobacco Control (FCTC).  The only way to prevent health harms is through effective public protection policies that prevent human exposure to tobacco smoke, that is by prohibiting smoking in all indoor public places and workplaces.

Given that the airport, as well as the MIAA, are government premises and that MIAA staff are government employees, the MIAA is also duty-bound to implement the Civil Service  Commission (CSC) Memorandum Circular no. 17, s. 2009, which prohibits smoking in all government buildings and promotes a 100% smoke-free environment in government premises, in order to protect both the government workforce and the public that they serve.  I am sure the CSC can assist you in preparing the proper signages to implement this policy. 

I therefore appeal to you to remove the smoking lounges from the various NAIA terminal buildings and designate only OUTDOOR smoking areas, in locations where the smoke will not be able to affect the airport staff and the public that uses the airport facilities.  For your information, there are more than 250 airports in the United States that are 100% smoke-free, including some of the biggest and busiest ones. There are also many others in Canada, South America, Australia, and Europe. Even Beijing Capital International Airport closed its smoking lounges and became 100% smoke-free in 2011. Other Asian countries are also planning to follow suit because this is one way to encourage tourism, by providing clean and healthy airport environments.

Thank you for providing a healthy environment for all and for fulfilling your duty under CSC MC 17, s. 2009.

Sincerely,

Dr. Yul Dorotheo

Respect the sign

Post by MMDA #RespectTheSign.