Occupational health and safety

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US District Judge Lawrence Kahn rejected the two Syracuse taverns bar owner's preliminary injunction to stop New York from enforcing its new smoking law †Clean Indoor Air Act. This has created a great turmoil among the restaurant and bar owners, as they believe that a total ban on smoking will definitely affect their business in terms of profit making. But the state argues that occupational health and safety is of a greater concern than economic prosperity of the bars.

Governmental intervention in the US and Canada regarding smoking in public and private work places was initially geared to take precaution against accidental fire hazards.1 But today with the breakthrough in technology medical science has been able to provide the public with adequate awareness of the harm caused by active as well as passive smoking. Cigarette smoking can cause damage to some of the most important organs of the body namely lungs, heart and brain. There is a high correlation between cigarette smoking and cancer of the lungs. It is very nerve-racking to find out about the substances that are found in tobacco namely tar, nicotine, carbon monoxide, calcium, nitrogen dioxide, ammonia, benzene, formaldehyde, and hydrogen sulphide.

The deleterious effects of these substances are proven. Cadmium and benezpyrene causes cancer, and carbon monoxide robs the blood of oxygen. It was even intimidating to discover that the concentration of the hazardous substances is higher in sidestream smoke â€" smoke from the burning non-filtered end of cigarette than the mainstream smoke inhaled by the smokers.

Research reveal second had smoking kills about ,000 non-smokers each year from lung cancer. It causes up to 00,000 lung infections in babies and young children. Second hand smoking causes SIDS (Sudden Infant Death Syndromes). It causes 0 times as many lung cancer deaths as all the different kinds of pollutions combined and in a crowded restaurant or bar smoking can produce six times the pollution of a busy highway.

Given the facts concerning health hazards associated with cigarette smoking, my argument for the ban on smoking in bars and restaurants will focus from the perspective of moral and ethical issues concerning an individual's rights.

Bars and restaurants are important part of the western social life. And every individual regardless of his/her race, religion and habit has a statutory right to enjoy this freedom.

As business entities it is the bar and restaurant owners responsibility to provide its employees as well as customers a risk free environment. Defenders of businesses argue that the employer's primary responsibility is to maximize profit. And some times as in this case to minimize the hazardous condition in a closed environment by making a smoke free bar and restaurant the company has to settle for less profit. This is a conflicting responsibility for an employer, as he is required to maximize profit and at the same time provide a safe environment.4

The question that may rise is that, How can the employer be held responsible for a situation in which the employee voluntary accepts the job. Well in many cases individuals doesn't have option. For example a bar tender is aware of the danger he is exposed to as of sidestream smoke but bartending is the only job he knows and does best. He will not make as much money in any other job and as a free individual he also has the right to sell his skill to maximize his own profit. But it is absolutely inhumane to make profit at the expense of other human lives. It may be regarded as a criminal act as no individual has the right to inflict harm on another individual deliberately. Alan Gewirth states in his article †every person has the basic right not have cancer inflicted on him by the action of another person. The bar owners are very well made aware of the latest research on cigarette smoking and its high correlation with lung cancer and other pulmonary infections associated with smoking. In spite of ample knowledge on the deleterious consequence cigarette smoking causes these bar and restaurant owners inhumanly expose their employers and customers to a harmful environment. They are contributing to the causation of cancer and other lethal diseases knowingly. And I agree with Alan Gewirth that then these individuals are both causally and morally held guilty of their action.

Cigarette smoking is one of the major addiction problems in our society. And I consider it as a moral duty of every individual in the role of a parent, guardian, employer, employee that is to say, any individual who is in a position to contribute in bringing about a solution to this problem should voluntarily do so. As citizens of civilized society we are taught every day to make rational choices, and smoking whether active or passive is not a rational choice. Therefore any step to minimize this action is a rational or moral action. As philosopher Immanuel Kant puts it, being rational is the same as being moral.

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