As scientific evidence documenting the harmful impact of ETS has mounted, government and the private sector have moved to protect nonsmokers. Besides law and regulation, litigation on behalf of nonsmokers has been a useful tool. One of the first cases decided on behalf of a nonsmoker who sought to force her employer to provide her with clean air was that of Shimp vs. New Jersey Bell Telephone Co., 1976. In that landmark case, Judge Philip Cruccio concluded:
“The company already has in effect a rule that cigarettes are not to be smoked around telephone equipment. The rationale behind the rule is that the machines are extremely sensitive and can be damaged by the smoke. Human beings are also very sensitive and can be damaged by cigarette smoke. Unlike a piece of machinery, the damage to a human is all too often irreparable. If a circuit or wiring goes bad, the company can install a replacement part. It is not so simple in the case of a human lung, eye, or heart. A company that has demonstrated such concern for its mechanical components should have at least as much concern for its human beings.”
Carlson R. Smokefree Air Everywhere, The Why and How For Decision Makers in Workplaces and Public Places. New Jersey Group Against Smoking Pollution, 1997 |
