Challenges to implementing and enforcing California's Smoke-Free Workplace Act in bars

Abstract

California's 1995 Smoke-Free Workplace Act—Assembly Bill 13 (AB 13)—was extended to bars in 1998. This paper examines the challenges faced by officials responsible for implementing and enforcing the law. As part of a series of studies evaluating AB 13 in bars, researchers conducted confidential in-depth interviews with 35 state, county and municipal authorities and representatives of non-governmental agencies. The interviews were recorded, transcribed, coded and analyzed by themes and respondent categories. Data from structured observations in sampled bars and interviews with bar staff and patrons offer contextual information. Analyses indicated the following challenges: (1) an ineffective administrative structure; (2) problems associated with the complaint-driven system used to enforce the law; (3) lack of funding for enforcement; (4) low prioritization of enforcement; and (5) the minimal deterrence effect of the sanctioning penalties. The findings indicate why indoor smoking may continue in some bars despite the state law prohibiting smoking in workplaces. Many municipalities, states and countries may be considering restricting smoking in workplaces including bars, and our findings show that clear delineation of procedures and enforcement criteria, as well as funding and substantive penalties, should be considered in drafting these laws.