Is there any way you can check to see if this is legal -- forget ethics, they have none.

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1 Dear Sirs. I'm sorry we can not afford to give you our names for fear of loosing our jobs. But, considering the impact this may have on your industry we thought you might have your attorneys look this over. It's hard to believe this can be legal, however, they are getting away with it. We can't win if we seek out our own attorney. Even if we could get it over-turned, they seem to have ways of finding out who is behind things and find ways, excuses, etc. to get rid of anyone that causes waves or flaws in their system (dictatorship). The mayor of our city is a smoker (cigars only) and both the chief and deputy chief are ex-smokers (I guess that is suppose to explain it). Many of us feel the insurance companies associated with the fire department are offering kick-backs to some of these officials - things of this nature have happened before. The heart & lung bill they mention in this new policy is also in our police department but so far they have not been given notice of this policy affecting them - could this be considered discrimination as both departments are employed by the city? And what about other city departments, sanitation, parks & rec., etc.? The only help they have provided is to send us to the city doctor (to see a nurse who shows you how to put nicotine patches on), they gave us a ten day supply of 15 mg. patches. No other help is provided for side effects. The majority of us that are tobacco users have been doing it for most of our life and even though we probably really should quit, many of us don't want to. Regardless, all of us know it really should pg = choice. The fire dept. has many policies, some are : Drug dependency - if you go to them and tell them you have a drug problem they will put you in and pay for drug rehab. If you are positive on random drug tests given - you get time off payroll for first 2 offenses and fired for the third. Wrecks - same type of policy - time off payroll, then fired. So tell me, what will happen when you are driving a city vehicle and the dizzy-headed feelings you have make you have a wreck? It won't matter that realistically thir policy caused it. Alcohol - none on the job (that should speak for itse!f) but down at city hall someone should check all cabinets and drawers. Or, maybe they should have someone test them before they walk out the door in the afternoon. Weight - we have to maintain our weight and are weighed each month - don't know if the chief is though. Weight gain is something else that seems to happen when you stop smoking - so, some of us may get fired for that reason. The list could go on and on. I'll bet they won't start a new policy telling them they can't drink alcohol when they get home at night. That is exactly what they are telling us about tobacco - what we can not do in our own homes! If that isn't dictatorship, I don't know what is. We can understand them being able to tell us we can't use tobacco on fire department property or in fire department vehicles but, what we do in our own homes and on our own time, as long as it is legal, is our business! Their way of looking at it is - if you don't like it you can find another job - well many of us have 10, 15, 18 years in and will loose a lot of money and benefits if we retire before our 20 years are up - maybe that's what they are trying to do too, keep from paying benefits promised to us so many years ago. Is there any way you can check to see if this is legal -- forget ethics, they have none. Sincerely, N 400 or so angry firemen ~ 1 (even though some of us do not use tobacco) ' N A P.S. - Someone else wrote this so we can pass a!ie detector test if asked to. Co

2 THE CITY OF MONTGOMERY, ALABAMA FIRE DEPARTMENT NICOTINE POLICY

3 THE MONTGOMERY FIRE DEPARTMENT NICOTINE POLICY This regulation outlines the Montgomery Fire Department's Nicotine Policy. It states the objectives and provides the procedures for standard administration of the policy within the Montgomery Fire Department. It is recognized that firefighting is a very strenuous and hazardous occupation which requires unusually difficult working conditions. It is well documented that firefighters have a high rate of accident and disease related to their occupation. The Montgomery Fire Department has recognized this fact and has developed programs to help prevent the prevalence of accident and disease among its firefighters. The Department feels that it would be unwise to merely accept the hazards of the occupation without a proactive attempt to preempt the negative results of the hazards. The Montgomery Fire Department has implemented a weight control program and a physical fitness program designed to reduce risk factors that increase the likelihood of accidents and disease which are historically correlated to firefighting. The particular documents which explain these policies fully demonstrate the specific risk factors that can be reduced. In line with these programs and with the general guidance of the National Fire Protection Association, the Montgomery Fire Department desires to address another risk factor in the promulgation of its Nicotine Policy. Nicotine has been declared to be dangerous to a person's health by the Surgeon General of the United States and has been clearly accepted by health professionals to be a major cause of cancer and premature morbidity for individual's who regularly use nicotine products. The American Cancer Society reports that smokers have a 900% increased risk to develop cancer than does a non-smoker. Furthermore, tobacco use, be it through smoking or smokeless tobacco, accounts for nearly one in five deaths in the United States. The American Cancer Society went even further to say that research now shows that even involuntary smoking exposure results in inhaling enough smoke to increase the risk of developing lung cancer as well as other respiratory illnesses. Clearly, the use of nicotine is an impediment to the health and personal safety of an individual. However, with a firefighter who faces an occupational hazard of smoke, the morbidity rates would naturally rise even greater. It remains a fact, despite modem advances in the use of self contained breathing apparatus, firefighters have occupational exposure to smoke. The smoke inhalation also has a detrimental effect on the health of a firefighter. When nicotine use and occupational exposure are combined, the firefighter's chance of contracting cancer is great. In 1967, the Legislature of Alabama recognized the occupational exposure and created a bill designed to protect firefighters who contracted what is referred to as Firefighters' Heart and Lung Disease. The bill allows disability I

4 benefits for firefighters who undergo a pre-employment exam and show no sign of disease, serve for three years as a firefighter and then, at a later time, develop firefighters' occupational disease which disables the firefighter from working. Firefighters' occupational disease is defined as any condition or impairment of health caused by hypertension, heart disease, respiratory disease or cancer. The intent of this legislation was to protect firefighters at a time when the occupational exposure to smoke was a greater hazard than in modem time. Today's firefighters have a greater risk of developing cancer or respiratory disease from non-occupational exposure to nicotine than occupational hazards. This creates the questionable right of a firefighter who uses nicotine but has had no job related smoke inhalation from developing cancer and claiming unjustifiable rights to disability benefits. The Montgomery Fire Department intends to eliminate these unjustifiable circumstances. The Montgomery Fire Department's objective in implementing the Nicotine Policy are as follows : (A) Increasing the firefighter personnel's performance in job related activities through the reduction in respiratory disease and cancer ; (B) Increasing the safety and wellness of its employees through the decrease in accident and disease associated with the use of nicotine ; (C) Decreasing the Department's liability for a firefighter's disability when disability is a result of non-occupational hazards ; In order to achieve these objectives, the Montgomery Fire Department implements the following Nicotine Policy. This Policy applies to all probational and certified Firefighters. (A) Effective sixty (60) days after issuance of this Policy, ALL firefighters are NOT to smoke tobacco products or use smokeless tobacco during their duty hours or while on Montgomery Fire Department facilities or properties ; (B) Firefighters hired after the issuance of this policy are NOT to smoke tobacco products or use smokeless tobacco at ANY time (on or off duty) ; (C) Firefighters hired prior to the issuance of this Policy will be provided a period of one year after the issuance of this Policy to comply therewith ; 2

5 (D) After one year, all Fire Department personnel subject to the provisions of this Policy shall be prohibited from smoking tobacco products or using smokeless tobacco at any time (on or off duty) ; (E) Firefighters who request assistance in the cessation of the use of nicotine will be referred to the Montgomery Fire Department Nicotine Cessation Program ; (F) (G) Any person in violation of said Policy shall be subject to discipline as a violation of the Department rules and regulations ; Upon reasonable suspicion, the Montgomery Fire Department may test anyone suspected of being in violation of this Policy. Effective this the ~~ day of - r\, Approved by : R~u, R. W. Grier Chief of the Montgomery Fire Department 3

6 This policy has been prepared by : N. Gunter Guy, Jr. Brannan & Guy, P.C. Attorneys at Law 602 South Hull Street Montgomery, Alabama (334) and Jeff Downes Risk Manager, City of Montgomery 103 North Perry Street Montgomery, Alabama (334) with the cooperation and assistance of : Mayor Emory Folmar Mayor of the City of Montgomery, Alabama Chief R. W. Grier Montgomery City Fire Department Deputy Chief J. L. Fulmer Montgomery City Fire Department Date : September, 1996

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