Chapter 123:7-1 Solicitation and Distribution Activities
(A) An organization or non-employee which intends to solicit or distribute literature to employees must, each visit:
(1) Give advance notice of forty-eight hours of such intention by contacting the facility administrator for each facility.
(2) At the time the advance notice is given, provide a list of the names of the persons or alternates who wish access to the premises.
(3) In the event two or more requests for access to a facility for the same or overlapping times have been made, the facility administrator should attempt to provide alternate designated areas. In the event that no alternate designated area is available, the facility administrator will grant access to the available designated area on a rotating basis with equal time for its use.
(4) If the designated areas are unavailable due to a prior reservation, then the facility administrator shall immediately notify the requesting party of such conflict.
(B) An organization or non-employee may solicit or distribute literature in designated areas, provided the employees being solicited are on non-working time. Designated areas are to be determined by the facility administrator and a list of such areas will be made available by the facility administrator upon request.
(C) An organization or non-employee may not distribute literature nor solicit employees in any work area, regardless of the fact that the employees are on non-working time.
(D) An organization or non-employee shall be permitted to submit notices for posting to the facility administrator. Such notices must be a reasonable size so as not to obstruct any other notices. All organizations or non-employees will have equal posting rights to any designated posting area. A list of the designated posting locations will be made available by the facility administrator upon request.
(E) An organization or non-employee shall be permitted to solicit or distribute literature in designated parking lots without providing advance notice.
(F) Any disagreements regarding these rules should be directed to the department of administrative services for a final resolution.
(A) An employee may solicit other employees in both non-work and work areas only if all employees involved are on non-working time.
(B) An employee may distribute literature in a non-work area on non-working time only if all employees involved are on non-working time.
The facility administrator reserves the right to regulate any solicitation or distribution activities by any non-employee or employee which disrupts or interferes with the normal work flow at the facility.
(A) "Designated area" - means a facility location to be determined by the facility administrator.
(B) "Designated parking lot" - means an area to be determined by the facility administrator where employees and/or visitors park motor vehicles.
(C) "Organization" - means a body of persons established for a specific purpose.
(D) "Facility" - means any work or non-work areas comprising one worksite which is governed by and under the control of a state agency, department, board or commission.
(E) "Facility administrator" - means persons designated by an appointing authority to be contacted regarding solicitation or distribution activities conducted at any facility under the jurisdiction of the appointing authority.
(F) "Non-employee" - means any person not employed at the facility where solicitation is conducted, or any person not in an active work status.
(G) "Non-work area" - means areas to be determined by the facility administrator, and generally includes lobbies, cafeterias, public areas or designated parking lots.
(H) "Non-working time" - means approved leaves, lunch periods, and before and after scheduled working hours.
(I) "Solicitation" - means any activity conducted for the purpose of advertising, promoting, or selling any product or service, or encouraging membership in any group, association or organization.
(J) "Work area" - means areas to be determined by the facility administrator, and generally includes offices, work stations, conference rooms and corridors leading directly thereto which are used as an integral part of performing work and any area where the employee performs his/her official duties. In agencies where services are being delivered to the public, the entire public area is considered a work area. In hospitals, generally patient-care areas and areas where visitors have access and patient care is involved are work areas.
(K) "Working time" - means that time when an employee's duties require that he or she be engaged in work tasks, but does not include an employee's own time, such as meal periods, vacations, time before or after a shift.