Allen County will get paid for enforcing smoking law

LIMA - The Allen County Board of Health voted Friday to sign a contract with the Ohio Department of Health, setting them up to receive money for enforcing Smoke Free Workplace laws.

The decision to sign the contract came during the board's monthly meeting. Health commissioner David Rosebrock said the contract would provide reimbursement for the cost of smoke free workplace investigations.

Under the terms of the agreement, the health department must follow requirements established by the state regarding enforcement of the smoke-free laws. In turn, the health department may receive $70 for each undertaken investigation. The maximum reimbursement the health department can collect is $6,370 in a 12-month period. The contract will take effect Oct. 1.

The health department should also receive 90 percent of fines levied against smoke-free workplace violators, Rosebrock said. As of July, the state was set to receive $1,400 in fines from Allen County establishments, with Allen County receiving 90 percent of that money. Rosebrock said the health department just received some of the fine money - $180 - this week.

Environmental director Bill Kelly said the state reimbursements will help pay for various costs that come with enforcing the smoke-free laws, including any hearings the board must have and the various inspections. Kelly said the department investigated more than 200 complaints last year.

"This year so far, with the independent decision maker we've hired and some of these other things, and the enforcement time that we spend, I'm sure we're spending a lot of money there," he said.

The cost of investigations into smoking ban violations has taken its toll on multiple health departments across the state that can't afford the extra financial burden. Of the state's 130 local health departments, 23 have opted out of the process, including those in Auglaize, Hardin, Logan and Mercer counties.

Rosebrock said the Allen County Health Department is not currently considering opting out of enforcing the law, although the reimbursements will only cover part of the expenditures.

"It's probably not going to be a break-even proposition, but it will push us in that direction, at least," he said. "We're not seriously looking at (opting out) now. I think it's important to try to continue to enforce the law."

Kelly and Rosebrock said the number of complaints has begun to taper off, potentially signaling more cooperation.

"The complaints are significantly lower than they were," Rosebrock said. "I'm not sure if that means people are tired of complaining because they think nothing is happening. That's probably my biggest fear. Or we're seeing more compliance. I'd like to think that more operations, more of our restaurants and taverns and workplaces, are now in compliance and taking more seriously."