Are there any laws in California about daycare workers and smoking?

My son is 10 mos old. I have noticed that one of the new workers at his daycare smelled of cigarette smoke once last week, and when I went to pick him up today she was in the parking lot smoking a cigarette. She came back in smelling like smoke again. I didn't want my son to be around her. Especially because he has had significant breathing issues recently.





I have already written a letter to the director of his daycare asking her to take action and provided articles stating the research about the effects of second-hand smoke on babies, including contact with the residue that gets left behind on clothes, skin, and hair. I will change daycares if the issue is not resolved.





But I am wondering, aren't there any laws protecting our children from daycare workers who smoke? I believe that the daycare directors should be watching out for this when they hire workers whether there are laws or not, but they are not always going to know that someone is a smoker until they smell it on them.

Are there any laws in California about daycare workers and smoking?
From my understanding they cannot smoke near the children or inside the facility. So if they go outside by themselves on their break, than they can smoke.


Because of your sons breathing issues, I agree that you request that this women does not handle your child. If your demands are not met, switch day cares.


I feel the same way you do, I don't want smokers near my baby it doesn't matter if the cigarette is in their hand or lingering on their clothes - you can still smell it, it stinks, %26amp; is unhealthy.
Reply:"If there isn't a law, shouldn't there be?"





I am not normally such a huge advocate of free markets, but: no. Market forces should sort out that sort of problem.





Day care is a choice you have made. You can make another choice, viz: staying home, or, a new day care.





Would you ask that paediatricians who smoke be fired from their jobs as well? Primary school teachers? Would you have children taken away from parents who smoke...?
Reply:I agree with you, mostly.


Secondhand smoke is deadly, especially around small children. However, I don't think that there are any laws that I know of, because smoking cigarettes is legal. I encourage you to pursue the daycare, and tell them what is on your mind. Remember, though, you're not a smoker, and I am going to presume that you never have been. If you have, please excuse this remark. Smoking is highly addictive, and it will be very hard for you to set up a law against it for daycare workers, so dont think that you're going to be able to get rid of it completely. Maybe if you requested that they only smoke at home, or off work. But making them quit completely, in my opinion, is a little ambitious.
Reply:Ask the caregiver (politely) to wear a jacket when she smokes and to wash her hands before returning to work. Any residue she accumulates will not touch your baby. She should already be pulling her hair back anyway. Smoke residue washes right off. Just tell her you are worried about your baby's chemical sensitivity.





By the way, you should consider asking the director if they've got any toys made in China and if so, to get rid of them. There's been findings of lead in them. I'd be a lot more worried about that then smoke residue.
Reply:You should suggest that she wash her hands which she probably does and maybe you should suggest she rinse her face and quickly brush her teeth. I smoke but NEVER around my children, a light smoker I am, but I always wash my hands and face and brush my teeth. It was like I never had one... Smelling like cigarette and getting it on your child is nasty. I would be pissed to. Even though I am a light smoker I NEVER pick up my child after having a smoke and smell it on them later. There is ways to prevent that but you can't prevent someone from smoking....





Maybe you should just make that suggestion to her because every daycare you put your child in, there IS going to be someone who smokes there regardless of whether us parents like it or not
Reply:I don't think there are, I worked in a California daycare center and we did have a few care givers who smoked. The non-smoking care givers and parents where complaining of the smell the smokers had after returning from their breaks.The Director did talk to us as a group at our staff meeting and mentioned that some parents and staff were complaining of second hand smoke. As a group we came up with a few ideas to help the smokers when coming back from breaks such as washing hands, brushing their teeth, using mouthwash,wearing a jacket or smock while smoking. There really isn't anything you can do it's there choice to smoke. It is your right as a parent to protect your child and do what's best. Things changed after we basically confronted the smokers in a non threatening way they did whatever they could to lessen the smell and some actually only smoked on their way home or they quit smoking because they saw it was effecting the innocent little people who count the most.

lady slipper