Virtually every state has laws that affect smoking, and most business owners will probably have some responsibilities regarding smoking at their business premises. See the map below for details. There are two types of state laws that can affect you as a business owner.

• First, some states directly regulate smoking in the workplace. These laws address the rights of employees to work in a safe environment, and the obligation of employers to take the steps necessary to ensure those rights.
• Second, many states regulate smoking in public places in general. Small business owners may have obligations to everyone who enters their business premises under these laws.

As a result, most employers prohibit smoking in the workplace or limit it to certain designated areas. Few employers allow unrestricted smoking in the workplace.

There are no federal laws that require you to adopt a policy regarding smoking in the workplace. However, some states require employers to adopt and enforce written smoking policies. In general, such employers must:

• make a general statement about where and when employees can smoke
• install signs that designate smoking and no smoking areas
• provide employees with information about quitting smoking programs, if offered
• not discriminate against smokers

State rules can also prohibit you from considering an applicant’s smoking preference in making employment decisions.

Almost every state has taken steps to restrict smoking in places where the health risk is obvious or common courtesy dictates some restrictions. For example, few states permit smoking in hospitals, schools, day-care centers, elevators, or similar environments. Eating and drinking establishments are also frequently subject to special rules, either permitting or restricting smoking. If you're in an industry where it’s likely that there are special, and more restrictive rules, be sure to follow up with local industry or commerce groups.

Most states that impose smoking restrictions place the responsibility on the person in charge of the workplace to post conspicuous notice of smoking and no smoking areas.

Select a state from the map below to get information on workplace smoking rules:

Employers covered. Employers with one or more employees.

Written policy requirements. Employer policy not specified.

Posting requirements. Persons in charge of indoor places must conspicuously display a sign that reads "Smoking Prohibited by Law — Maximum Fine $50" and include the international symbol for no smoking. Signs required under the law can be received from the Department of Environmental Conservation, upon request.

No smoking areas. Alaska prohibits indoor smoking in, among other places, private schools; preschool or day care facilities; patients' or visitors' waiting rooms and restrooms in public and private laboratories and offices associated with dental care or the healing arts; waiting rooms, restrooms, lobbies and hallways in public and private hospitals, nursing homes, rest homes or other health care institutions or facilities; food service establishments with a seating capacity of at least 50 persons; grocery stores and other stores maintained primarily for the retail sale of food products; and places of employment where the owner, manager, proprietor, or other person who has control of the premises posts a sign stating that smoking is prohibited by law.

Designated smoking areas. Persons in charge of indoor places in Alaska may designate smoking sections, but must make reasonable accommodations for the needs of both smokers and nonsmokers.

Workplace Smoking Rules in Alaska    choose another state

Workplace Smoking Rules in Alabama    choose another state

General provision. Food service and food preparation employees may not use tobacco products while serving or preparing food. Tobacco products may not be used in areas where food is washed or prepared. Designated areas where food service and preparation employees may smoke are permitted. Employers covered. No coverage specified. Written policy requirements. None specified. No-smoking areas. No-smoking areas not specified. Posting requirements. Posting not specified.

Workplace Smoking Rules in Arkansas    choose another state

General provisions. Arkansas protects nonsmokers from damage to their health from the smoking of tobacco by others. Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. Signs must be posted in smoking and nonsmoking areas, indicating whether smoking is or is not permitted. A sign reading, "Fireworks — No Smoking" must be posted where fireworks are sold. No smoking areas. Smoking in doctors' and dentists' waiting rooms, hospital corridors, nurses' stations in hospitals and clinics, all hospital rooms (except private rooms) and school buses is prohibited other than in designated smoking areas. In addition, smoking is prohibited within 10 feet of where fireworks are being sold. No smoking is allowed within the physical confines of day care centers licensed by the states. Smoking in enclosed areas, buildings or facilities of public elementary or secondary schools is prohibited. Effective October 1, 2005, the use of tobacco products in and on the grounds of all medical facilities is prohibited. Designated smoking areas. Smoking prohibitions do not apply to hotels, motels and restaurants.

Workplace Smoking Rules in Arizona    choose another state

Arizona's smoking laws apply to public employers only.

Workplace Smoking Rules in California    choose another state

General provisions. Covered employers are required to provide clear and reasonable warning of any toxic substances in the workplace, including tobacco smoke. Employers covered. The law prohibiting smoking in enclosed workplaces is applicable to all places of employment in the state. Effective January 1, 2004, smoking inside a public building or within 20 feet of a main exit, entrance or operable window of a public building is prohibited. Written policy requirements. Employer policy not specified. Posting requirements. If smoking is permitted in the workplace where 10 or more are employed, the following state-approved warning be posted: "WARNING: This facility permits smoking and tobacco smoke is known to the State of California to cause cancer." This warning must be posted in a conspicuous place where it will be read prior to exposure — preferably at the entrance of any area where smoking is permitted. For purposes of California's statewide ban on smoking in all enclosed areas of employment, employers that post clear and prominent signs indicating where smoking is prohibited and where smoking is permitted are deemed not to have knowingly and intentionally permitted nonemployees to smoke in their enclosed workplaces. No smoking areas — enclosed places of employment. Smoking is prohibited in all enclosed places of employment in California. The prohibition is a statewide prohibition that supersedes all local regulation of smoking in enclosed workplaces. Any area not defined as a place of employment is subject to local regulation of smoking. Places of employment do not include the following for purposes of the smoking prohibition law: 65 percent of the guest rooms in a hotel, motel or similar transient lodging establishment; Lobbies of hotels, motels and other similar transient lodging establishments that are designated as smoking areas; Meeting and banquet rooms in hotel, motels and other transient lodging establishments, except while food or beverage functions are taking place or when the room is being used for exhibit purposes; Tobacco shops and private smokers' lounges; Cabs of motor trucks or truck tractors if no nonsmoking employees are present; Warehouse facilities; Gaming clubs; Bars and taverns; Theatrical production sites, if smoking is an integral part of the production; Medical research or treatment sites if smoking is integral to the research or treatment; Private residences, except private residences licensed as family day care homes, during the hours of operation as family day care homes and in those areas where children are present; Patient smoking areas in long-term health care facilities; Breakrooms that have been designated as smoking areas by the employer; and Employers with five or fewer employees if: The smoking area is not accessible to minors All employees who enter the area agree to permit smoking and Air from the smoking area is vented directly outside. The law does not prevent an employer from prohibiting smoking in an enclosed place of employment for any reason. Restaurants. Within every restaurant in a publicly owned building serving food or alcoholic beverages in rooms with seating capacity of 50 or more, 20 percent of the serving area must be reserved for nonsmokers. Signs designating the area as nonsmoking must be posted. Banquet rooms used for private functions are excluded. Restaurant employees may not smoke in areas where food is prepared or where utensils are washed or stored. Retail food establishments. No smoking is allowed in areas of retail food production and marketing establishments during the hours that they are open to the public. Day care centers. Smoking is prohibited in day care centers and family day care homes. Playgrounds. Smoking or disposing of any tobacco-related waste, is prohibited within 25 feet of a playground or tot lot sandbox area. Designated smoking areas. Designated smoking areas must be located in nonwork areas, with the air vented directly outside. Ventilation must meet applicable OSHA, EPA or state standards.

Workplace Smoking Rules in Colorado    choose another state

General provisions. Effective July 1, 2006, the Colorado Clean Indoor Air Act prohibits smoking in indoor enclosed areas. Smoking is not permitted and no person may smoke in any indoor area including any place of employment that is not specifically exempted. Employers who own facilities exempted from the Act shall provide a smoke-free work area for each employee requesting not to have to breathe environmental tobacco smoke. Every employee shall have a right to work in an area free of environmental tobacco smoke. Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. The owner or manager of a place, including places exempt from the Act, may post signs prohibiting smoking or providing smoking or nonsmoking areas. Such posting will have the effect of including such a place, or the designated nonsmoking part of the place, in the places where smoking is prohibited or restricted pursuant to the Colorado Clean Indoor Air Act. If the owner or manager of a place, including places exempt from the Act, is an employer and receives a request from an employee to create a smoke-free work area, the owner or manager shall post a sign or signs in the smoke-free work area. Exceptions to the Colorado Clean Indoor Air Act. The Act does not apply to: private homes, private residences, and private automobiles, except if being used for child care or day care or if a private vehicle is being used for the public transportation of children or as part of health care or day care transportation; limousines under private hire; a hotel or motel room rented to one or more guests if the total percentage of such rooms does not exceed 25 percent; any retail tobacco business; a cigar-tobacco bar; an airport smoking concession; the outdoor area of any business; a place of employment that is not open to the public and that is under the control of an employer that employs three or fewer employees; a private, nonresidential building on a farm or ranch that has annual gross income of less than $500,000; or the retail floor plan of a licensed casino. A cigar-tobacco bar shall not expand its size or change its location from the size and location in which it existed as of December 31, 2005. A cigar-tobacco bar shall display a sign in at least one conspicuous place and the sign must be at least four inches by six inches in size stating: "Smoking allowed. Children under eighteen years of age must be accompanied by a parent or guardian."

Workplace Smoking Rules in Connecticut    choose another state

Employers covered. All employers are covered by Connecticut's smoking laws. Written policy requirements. Employer policy not specified. Posting requirements. In each room, elevator, area or building in which smoking is prohibited by law, the person in control of the premises must post or cause to be posted in a conspicuous place signs stating that smoking is prohibited by state law. Signs, except in elevators, restaurants, establishments with permits to sell alcoholic liquor to consumers, hotels, motels or similar lodgings and health care institutions, must have letters at least four inches high with the principal strokes of the letters not less than one-half inch wide. No smoking areas. Connecticut prohibits smoking: In any building or portion of a building owned and operated or leased and operated by the state or any political subdivision of the state: In any area of a health care institution; In any area of a retail food store; In any restaurant; In any area of an establishment with a permit issued for the sale of alcoholic liquor, in any area of an establishment with a permit for the sale of alcoholic liquor issued after May 1, 2003, and, on and after April 1, 2004, in any area of an establishment with a permit issued for the sale of alcoholic liquor; Within a school building while school is in session or student activities are being conducted; In any passenger elevator, provided that no person may be arrested for violating this subsection unless there is posted in the elevator a sign that indicates that smoking is prohibited by state law; In any dormitory in a public or private institution of higher education; or On or after April 1, 2004, in any area of a dog race track or a facility equipped with screens for the simulcasting of off-track betting race programs or jai alai games. The above rule does not apply to: Correctional facilities; Designated smoking areas in psychiatric facilities; Public housing projects; Classrooms where demonstration smoking is taking place as part of a medical or scientific experiment or lesson; Smoking rooms provided by employers for employees; The outdoor portion of the premises of any establishment with a permit issued for the sale of alcoholic liquor, an establishment with a permit for the sale of alcoholic liquor issued after May 1, 2003, and, on and after April 1, 2004, an establishment with a permit issued for the sale of alcoholic liquor. However, in the case of any seating area maintained for the service of food, at least 75% of the outdoor seating capacity is an area in which smoking is prohibited and which is clearly designated with written signage as a nonsmoking area. Any temporary seating area established for special events and not used on a regular basis is not subject to the smoking prohibition or signage requirements; or Any tobacco bar provided no tobacco bar may expand in size or change its location from its size or location as December 31, 2002. The operator of a hotel, motel or similar lodging may allow guests to smoke in not more than 25% of the rooms offered as accommodations to guests. This law does not require any smoking area in any building. Designated smoking areas. Employers with fewer than five employees in a business facility must establish one or more work areas, sufficient to accommodate nonsmokers who request to utilize such an area, within each business facility under its control, where smoking is prohibited. Employers must clearly designate the existence and boundaries of each nonsmoking area by posting signs that can be readily seen by employees and visitors. In the areas within the business facility where smoking is permitted, existing physical barriers and ventilation systems must be used to the extent practicable to minimize the effect of smoking in adjacent nonsmoking areas. Employers with five or more employees must prohibit smoking in any business facility under the employer's control, except that an employer may designate one or more smoking rooms. Employers that provide a smoking room must provide sufficient nonsmoking break rooms for nonsmoking employees. A smoking room designated by an employer must meet the following requirements: Air from the smoking room must be exhausted directly to the outside by an exhaust fan, and no air from the room may be recirculated to other parts of the building; The employer must comply with any ventilation standard adopted by the Commissioner of Labor, the United States Secretary of Labor under the authority of the Occupational Safety and Health Act of 1970, or the federal Environmental Protection Agency; The room must be located in a nonwork area, where no employee, as part of his or her work responsibilities, is required to enter. Work responsibilities do not include any custodial or maintenance work carried out in the smoking room when it is unoccupied; and The room must be for the use of employees only. Nothing in this law may be construed to prohibit an employer from designating an entire business facility as a nonsmoking area.

Workplace Smoking Rules in District of Columbia    choose another state

General provisions. Effective April 3, 2006, the smokefree workplace law generally applies to all places of employment and public places. Before January 1, 2007, the smoking prohibition does not apply to a brew pub, club, nightclub, or tavern, or the bar and bar area of a restaurant. Places subject to this exception are required to post signs as required by District of Columbia law. This exception to the smoking prohibition expires on January 1, 2007. Employers covered. Employers with one or more employees. The Mayor may grant an economic hardship waiver from the requirements of the smokefree workplace law provided that prior to the granting of the waiver, the applicant establishes, to the satisfaction of the Mayor, that compliance with the law has caused or will cause undue financial hardship. Places where smoking is permitted due to an economic hardship waiver must: Have been in existence on or before January 1, 2007; Not allow smoking in an area that exceeds 25 percent of the total area if the place is a restaurant; and Be subject to conditions or restrictions as may be necessary to minimize the adverse effects of smoking and be consistent with the general purpose of the smokefree workplace law. Permitted smoking areas. The following places are exempt from the smokefree workplace law: A retail store that is used primarily for the sale of tobacco products and accessories in which the total annual revenue generated by the sale of non-tobacco products or accessories is no greater than 25 percent of the total revenue of the establishment and provided that it does not share space with any other establishment; A tobacco bar; An outdoor area of a restaurant, tavern, club, brew pub, or nightclub; A hotel room or motel room rented to one or more guests; A medical treatment, research, or nonprofit institution where the activity of smoking is conducted for the purpose of medical research or is an integral part of a smoking cessation program; and Theatrical productions. Places that permit smoking pursuant to the smokefree workplace law can not require employees to work in smoking areas provided that an employee requests to work solely in nonsmoking areas. Employees may have a private cause of action against the owner, manager, or person in charge of the place of employment or public place for violating this rule.

Workplace Smoking Rules in Delaware    choose another state

General provisions. Employers of 20 or more workers at an enclosed location must establish nonsmoking areas that are sufficient to accommodate nonsmoking employees or prohibit smoking in the workplace. Employers covered. Employers with one or more employees. Written policy requirements. Employers in Delaware must adopt and implement written smoking policies that contain at least the following provisions: that the employer will provide a work area where no smoking is allowed for employees who request one; that the employer may set aside a work area for smoking; that the employer will provide for nonsmoking areas in employee cafeterias, lunch rooms and lounges. Nonsmoking areas in cafeterias and lunch rooms must be sufficient to meet employee demands. Posting requirements. Smoking or No Smoking signs must be prominently posted and properly maintained where smoking is regulated by Delaware's Clean Indoor Air Act. Owners, operators, managers or other persons having control of covered enclosed indoor areas must post signs that indicate "Warning: Smoking Permitted" prominently in those locations where smoking is permitted pursuant to law. No smoking areas. Delaware's Clean Indoor Air Act prohibits smoking in the following public places: public meetings; elevators; government owned and/or operated means of mass transportation when occupied by passengers, including buses, vans, trains, taxicabs and limousines; public indoor areas of grocery stores with more than 5,000 square feet; gymnasiums; jury waiting and deliberation rooms, courtrooms, child care facilities, other than those located in single family dwellings; and health care facilities. Smoking is prohibited other than in designated smoking areas in these public places: public buildings; auditoriums; theaters; museums; libraries; public schools, except in faculty lounges and private offices; other education and vocational institutions, except in faculty lounges and private offices; and food service establishments. In food service establishments, a nonsmoking area must be designated that is sufficient to meet customer demand (it may not be determined that there is no customer demand for no-smoking areas). At each entrance to the establishment a sign must be prominently posted advising that a nonsmoking section is available and each patron must be given the opportunity to state a preference for seating in a smoking or nonsmoking area. Separate enclosed rooms may be designated as smoking areas with no nonsmoking area. Designated smoking areas. Designated smoking areas must be enclosed and separated from no-smoking areas. Permitted smoking areas. Delaware's Indoor Air Act does not apply to private homes, residences, or automobiles; to indoor areas where private social functions are being held when seating arrangements are under the control of the sponsor of the function and not the person in charge of the indoor area; limousines under private hire; enclosed private boxes in indoor arenas; hotel or motel rooms; bars; and tobacco businesses.

Workplace Smoking Rules in Florida    choose another state

General provisions. Smoking is prohibited in private and public-sector enclosed, indoor workplaces. Specific exceptions to the smoking prohibition include: A private residence when it is not being used commercially to provide child care, adult care, or health care, or any combination of the above. An enclosed indoor workplace dedicated to or predominantly for the retail sale of tobacco, tobacco products, and accessories for such products. A designated smoking guest room at a public lodging establishment. A business that meets the legal definition of a stand-alone bar and that otherwise complies with all applicable provisions of the Beverage Law and of the Clean Air Act. An enclosed indoor workplace, to the extent that tobacco smoking is an integral part of a smoking cessation program approved by the department, or medical or scientific research conducted therein. Each room in which tobacco smoking is permitted must comply with the Florida posting requirements. Employers covered. Employers with one or more employees. No smoking areas. Florida bans smoking in "public places," including the following enclosed indoor areas: government buildings, hospitals, nursing homes, educational facilities, libraries, grocery stores, common areas of condominiums and places of employment. Posting requirements. The person in charge of an enclosed indoor workplace that previously was required to post signs must continue to conspicuously post, or cause to be posted, signs stating that smoking is not permitted in the enclosed indoor workplace. Each sign posted must have letters of reasonable size that can be easily read. The color, design and precise place of posting is left to the discretion of the person in charge of the premises. The proprietor or other person in charge of an enclosed indoor workplace where a smoking cessation program, medical research, or scientific research is conducted or performed must conspicuously post or cause to be posted, signs stating that smoking is permitted for such purposes in designated areas in the enclosed indoor workplace. Each sign posted must have letters of reasonable size that can be easily read. The color, design and precise place of posting is left to the discretion of the person in charge of the premises. A licensed vendor operating a stand-alone bar must conspicuously post signs at each entrance to the establishment stating that smoking is permitted in the establishment. The color and design of the signs is left to the discretion of the person in charge of the premises. Local ordinances. The Florida Clean Indoor Air Act expressly preempts regulation of smoking to the state and supersedes any municipal or county ordinance on the subject.

Workplace Smoking Rules in Georgia    choose another state

Georgia Smokefree Air Act of 2005. Effective July 1, 2005, the Georgia Smokefree Air Act of 2005, bans smoking in all public places and in all enclosed areas within places of employment, including common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, and all other enclosed facilities, with specific exceptions. Employers are required to communicate the smoking ban to all employees by July 1, and to prospective employees as well. General provisions. No general provision. Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. Persons who operate day-care centers, group day-care homes or family day-care homes must post signs prohibiting smoking during hours of operation. No smoking areas. Smoking is prohibited in the following public places: An enclosed elevator that is used by or open to the public and that is clearly designated by a no-smoking sign; Any public transportation vehicle that is used by the public and that is clearly designated by a no-smoking sign; Any other area that is used by the public or open to the public and that is clearly designated by a no-smoking sign; Any area that is operated as a day-care center, group day-care home or family day-care home during the hours the facility is in operation. Designated smoking areas. Designated smoking areas not specified.

Workplace Smoking Rules in Hawaii    choose another state

General provisions. Hawaii has extended its protections for public employees under the Smoking in the Workplace Act to include employees of private entities receiving state grants, subsidies, or contracts to provide services on behalf of a state agency. These private corporations, firms or associations must establish smoking policies for office workplaces that try to accommodate the preferences of both nonsmoking and smoking employees. If a satisfactory accommodation cannot be reached, the wishes of a majority of employees in each work area must be followed. Employers covered. Employers with one or more employees. Written policy requirements. Private businesses that receive state funds must adopt and implement written smoking policies that accommodate both the needs of smokers and nonsmokers and that reflect the smoking preference of a simple majority of the employees in each work area. Posting requirements. Signs must be posted indicating "Smoking prohibited by law" where smoking is prohibited and in nonsmoking areas adjacent to smoking areas. No smoking areas. No-smoking areas not specified. Designated smoking areas. While structural changes are not required to separate smoking areas from nonsmoking areas, employers must use already existing means of ventilation or partitioning space to best protect nonsmokers from second-hand smoke. Permitted smoking areas. Smoking is permitted in nonenclosed public lobbies, on federal property, and in private, enclosed offices that are occupied only by smokers.

Workplace Smoking Rules in Iowa    choose another state

Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. Signs shall be posted at all building entrances where smoking is regulated, stating, "Smoking prohibited except in designated areas." Further, smoking and nonsmoking areas must be posted with appropriate signs. No smoking areas. Iowa restricts smoking in any public place, defined as an enclosed area used by the general public or serving as a place of work containing 250 or more square feet of floor space, including but not limited to all restaurants with a seating capacity greater than 50, all retail stores, lobbies and malls, offices including waiting rooms and other commercial establishments, public transportation within the state, schools, health care facilities, auditoriums, elevators, theaters, libraries, art museums, concert halls, indoor arenas and meeting rooms. Designated smoking areas. In designating smoking areas, existing physical barriers and ventilation systems should be used to prevent smoke from escaping. Where a facility has only one room, half may be reserved for no smoking with appropriate signs posted so designating the area. Permitted smoking areas. Excluded from the definition of public places and, therefore, the restriction against smoking are retail stores selling tobacco products, private enclosed offices used exclusively by smokers, hotels, motels, resident's rooms in health care facilities, rooms being used for private parties, factories and warehouses--except employee cafeterias must have a designated nonsmoking area. Training program for tobacco retailer employees. The alcoholic beverages division of the department of commerce will develop a tobacco compliance employee training program not to exceed two hours in length for employees and prospective employees of tobacco retailers to inform the employees about state and federal laws and regulations regarding the sale of cigarettes and tobacco products to persons under 18 years of age and compliance with and the importance of laws regarding the sale of cigarettes and tobacco products to persons under 18 years of age. The training program will be made available to employees and prospective employees of tobacco retailers at no cost to the employee, the prospective employee or the retailer and in a manner which is as convenient and accessible to the extent practicable throughout the state so as to encourage attendance.

Workplace Smoking Rules in Idaho    choose another state

General provision. Effective July 1, 2004, smoking is prohibited in public places and in public meetings. Public place means any enclosed indoor place of business, commerce, banking, financial service or other service related activity, whether publicly or privately owned and whether operated for profit or not, to which persons not employed at the public place have general and regular access or which the public uses, including restaurants and publicly-owned buildings or offices. Employers covered. Effective July 1, 2004, employer means any person, partnership, limited liability company, association, corporation, or nonprofit entity that employs one or more persons. Employer requirements. Effective July 1, 2004, an employer or other person in charge of a public place or publicly-owned building or office shall not knowingly or intentionally permit the smoking of tobacco products in violation of the law. Permitted smoking areas. Effective July 1, 2004, smoking is permitted in smoking areas or throughout whole bars; private social functions; lodging guest rooms; areas of owner-operated businesses; home offices and businesses other than child care; bowling alleys; tobacco shops; and employee breakrooms. Designated smoking areas. Effective July 1, 2004, smoking is permitted in designated employee breakrooms established by small business owners employing five or fewer employees, provided that the breakroom is not accessible to minors, that it is separated from other parts of the building by floor to ceiling partition, that it is not the sole means of entrance or exit to the establishment or its restrooms, and it is located in an area where no employee has to enter to perform work responsibilities. Work responsibilities do not include custodial or maintenance work performed in a breakroom when it is unoccupied. "Warning: Smoking Permitted" signs, with letters at least an inch high, must be prominently posted in a smoking breakroom and properly maintained by the employer. Employers are not required to provide reasonable accommodation to smokers, or provide breakrooms for smokers or nonsmokers. Employers are permitted to prohibit smoking in an enclosed place of employment. Effective March 21, 2005, smoking is permitted in state veteran homes that permit smoking in designated areas, provided that physical barriers and ventilation systems are used to reduce smoke in adjacent nonsmoking areas. Local regulation. Effective July 1, 2004, local county or municipal governments may adopt ordinances or regulations that are more restrictive than the state smoking provisions. Posting requirements. Posting not specified.

Workplace Smoking Rules in Illinois    choose another state

Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. Smoking and nonsmoking areas must be marked with appropriate signs. No smoking areas. Smoking in Illinois is prohibited in public places except where designated and posted as a smoking area. Public places include any enclosed indoor area used by the public or serving as a place of work, including, but not limited to, hospitals, restaurants, retail stores, offices, commercial establishments, elevators, indoor theaters, libraries, art museums, concert halls, public transportation, schools, nursing homes, auditoriums, arenas and meeting rooms. Smoking is not permitted in day care centers in which children are allowed, regardless of whether any children are present at the moment. Further, smoking is not allowed in homes in which day care services are provided to children while the children are present (does not include when just the children of the day care provider are present and day care services are not being provided). Designated smoking areas. Public places may designate smoking areas, if the areas where smoking is prohibited and permitted are clearly posted. Existing physical barriers and ventilation systems must be used to limit exposure by nonsmokers to smoke. Permitted smoking areas. Excluded from the definition of public places and, therefore, the prohibition against smoking, are bowling alleys, bars, hotels, private offices occupied by smokers exclusively--even if nonsmokers visit them, a room or hall used for a private social function where seating is arranged by the sponsor of the function, and factories and warehouses not generally frequented by the public.

Workplace Smoking Rules in Indiana    choose another state

Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. Signs must be posted in affected areas, displaying the following message: Smoking is Prohibited by State Law Except in Designated Areas. No smoking areas. No-smoking areas not specified. Designated smoking areas. In Indiana, smoking is restricted in public buildings, including health care facilities and public schools, to designated smoking areas. Waivers can be granted by the state board of health if the reasons to do so are compelling and the waiver will not significantly affect the health and comfort of nonsmokers.

Workplace Smoking Rules in Kansas    choose another state

Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. Signs indicating that smoking is either prohibited or permitted must be conspicuously posted. No smoking areas. Kansas prohibits smoking in other than designated areas in public places, including but not limited to restaurants, retail stores, public transportation, health care institutions, elevators, educational facilities, libraries, theaters, art museums, concert halls, auditoriums, waiting rooms of medical offices, public buses and state, county or municipal buildings. Existing physical barriers and ventilation systems should be used to minimize the toxic effect of smoke in adjacent nonsmoking areas. Smoking is not allowed at all in the state capitol and no area within the state capitol may be designated as a smoking area. Smoking is prohibited in a medical care facility (general hospital, special hospital, ambulatory surgery center, recuperation center or licensed psychiatric hospital), except in designated smoking areas of licensed long-term care units. Signs stating that smoking is prohibited by law must be conspicuously posted in each medical care facility. Smoking is also prohibited in daycare homes during hours of operation. Designated smoking areas. To minimize the toxic affect of smoke escaping from designated smoking areas, existing physical barriers and ventilation systems must be used.

Workplace Smoking Rules in Kentucky    choose another state

General provisions. No general provision. Employers covered. Employers with eight or more employees within Kentucky during 20 or more calendar weeks within the current or preceding calendar year. Written policy requirements. Employer policy not specified. Posting requirements. In addition to refraining from selling tobacco products to minors, the employer must post a notice stating that it is illegal to sell tobacco products to persons under 18. No smoking areas. No-smoking areas not specified. Designated smoking areas. Designated smoking areas not specified.

Workplace Smoking Rules in Louisiana    choose another state

General provisions. Smoking is prohibited in public-sector workplaces, except in designated smoking areas. If private-sector workplaces have 25 employees or more in enclosed workspaces, an employer must try to accommodate the smoking preferences of both smokers and nonsmokers. Employers covered. Louisiana regulates smoking in office workplaces of public and private employers that employ 25 or more full-time employees throughout the year. Written policy requirements. Louisiana requires that covered employers adopt a smoking policy. The policy must, at a minimum, allow nonsmoking employees to object to office smoke. Then, employers must attempt to reach a reasonable accommodation between the preferences of nonsmoking and smoking employees, using already available means of ventilation or separation of office space. Employers are not required to take steps that require any expenditures or structural changes. No-smoking areas must be clearly marked with signs. Office workplaces are areas that provide primarily clerical, professional or business services to other businesses or the public, like office spaces in hospitals, libraries and office buildings. Offices in private homes or private, enclosed offices occupied exclusively by smokers are not covered. Posting requirements. The person in control of any nonsmoking area shall conspicuously post a no-smoking announcement or warning in any place or area where smoking is prohibited. No smoking areas. Louisiana prohibits smoking tobacco in any form in public places. Because many of the public places enumerated in the law are also places of employment, a brief discussion of the law is included here. A public place is any enclosed indoor area that the public is invited to or permitted in, other than those that are publicly owned. Specifically mentioned as public places are theaters, public transportation facilities, public access areas of buildings and offices, bowling centers, arenas, hotels and motels, convention hall, auditoriums, public meeting rooms, taxicabs and limousines. Smoking (including carrying a lit cigar, cigarette, pipe or any other form of tobacco and inhaling and exhaling smoke from any form of lighted tobacco) in any form is prohibited in the following public places: (1) passenger elevators used by or open to the public and that are clearly designated by a no-smoking sign; (2) public transportation vehicles that are not privately chartered, that are used by or open to the public and that are clearly designated by a no-smoking sign; (3) child care facilities; and (4) areas designated by the state fire marshal as hazardous and where signs are posted indicating that there shall be no smoking in that area. The person in control of any of these areas shall conspicuously post a no-smoking announcement or warning in any place or area where smoking is prohibited. Although the person in control may designate separate no-smoking areas, the law does not apply to any licensed parimutuel thoroughbred horse racing track, casino, riverboat gambling facility, areas in truck stops designated for video poker machines or off track betting parlors. In addition, smoking is not prohibited in designated smoking areas. Designated smoking areas. The person in control of a public place (examples of public places are listed above) may designate a separate room on each floor to be used for smoking. However, that person is not required to make any expenditures or structural changes to accommodate the preferences of smokers or nonsmokers. The person in control of a public place may post in a conspicuous manner a no-smoking announcement or warning in any area not designated for smoking. The owner or operator of a taxi cab or limousine may designate the vehicle as either smoking or nonsmoking and may post a "smoking permitted" or "no-smoking" sign in or on the vehicle. A business that derives more than 50 percent of its gross revenues from the sale of alcoholic beverages may be designated entirely as a smoking area. The owner, operator or manager of a restaurant may maintain flexible smoking and nonsmoking areas within the restaurant, according to customer demand and offer customers the choice of being seated in a smoking or nonsmoking area. Smoking in private homes serving as office workplaces, private enclosed offices occupied exclusively by smokers (even if visited by nonsmokers), hospitals and public schools is regulated by other laws and is, therefore, excluded from the smoking in public places law. In Louisiana, local laws may not preempt the state's smoking rules for any property where gaming operations are conducted, hotel guest rooms, restaurant or alcoholic beverage establishments or facilities, or tobacco businesses or shops.

Workplace Smoking Rules in Massachusetts    choose another state

General provisions. Beginning July 5, 2004, all workplaces with one or more employees must be smoke-free. Exemptions exist for private membership clubs and smoking and cigar bars. Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. Signs indicating that smoking is prohibited must be conspicuously displayed at the entrance to each area where smoking is banned. No smoking areas. Smoking is prohibited in public elevators, supermarkets and retail food outlets, in or upon any public mass transit conveyance (including indoor and enclosed outdoor platforms), at meetings of governmental bodies open to the public and in any courtroom. Signs indicating that smoking is prohibited must be conspicuously displayed at the entrance to each area where smoking is banned. In a restaurant with a seating capacity of 75 or more, smoking is only allowed in designated smoking areas — designated by sign or notice — and only if nonsmoking areas of sufficient size and capacity are available to accommodate nonsmokers. Notice of the smoking policy must be conspicuously posted at each entrance. Within the building, the smoking and nonsmoking areas must be clearly labeled with signs or notices. Designated smoking areas. Smoking is only permitted in designated areas of a courthouse, school, college, university, museum, library, train, airplane (including any waiting area in an airport), the waiting area of a health care facility, group child care center, school-aged day care center or family day care center licensed by the state. An area within one of the above places may be designated for smoking only if nonsmoking areas of sufficient size and capacity are available to accommodate nonsmokers.

Workplace Smoking Rules in Maryland    choose another state

General provisions. Maryland's prohibition on smoking in an enclosed workplace applies to all enclosed workplaces where an employer/employee relationship exists, with the exception of tobacco establishments that engage primarily in the sale of tobacco and tobacco-related accessories, vehicles when used in the course of employment and occupied by only one individual and smoking that is necessary in conducting scientific research on the health effects of tobacco smoke at an analytical or educational laboratory. Smoking is also prohibited in all state buildings. Written policy requirements. Although employers are not required to establish a smoking policy under Maryland's regulation prohibiting smoking in enclosed workplaces, two policy matters are covered in the regulation. First, employers are permitted to, but not required to, provide a designated smoking area. Second, employers are not prevented from prohibiting smoking in areas not covered by the regulation. In addition, procedures must be in place for periodic evaluation and constant enforcement of compliance with the regulation. Employers should have a disciplinary policy for employees who violate the regulation. Posting requirements. Maryland requires that a no-smoking sign be displayed at each entrance to an enclosed workplace. The sign must state that smoking is prohibited, but the type and design of the sign are not specified. The sign may be free-standing or permanently affixed to the entrances. Where a smoking area has been designated in an enclosed workplace, a sign stating that smoking is permitted is appropriate. Signs are available from office supply companies, sign manufacturers, printers, hardware stores and safety supply companies. In buildings with multiple employer units (such as high-rise office buildings), the building owner may post signs at building entrances to satisfy the requirements for all building tenants. Where the building owner does not post the required signs, individual employers must do so at the entrance to their workplaces. No smoking areas. Maryland prohibits smoking in all workplaces, except bars, restaurants and other establishments with liquor licenses. Smoking is only permitted in designated smoking areas in the workplace that have certain characteristics, including a ventilation system that exhausts air directly to the outside. Designated smoking areas. An employer may permit smoking in a designated smoking area in its enclosed workplace. The designated smoking area must meet the following criteria: Have solid walls and ceiling and a closable door; Have walls tightly joining floor and ceiling; Have openings to adjacent enclosed workplaces limited to make-up air inlets (an opening that supplies outside air to replace the volume of air exhausted from the room — this air is under positive pressure to the air in the room); Have a ventilation system that exhausts directly to the outdoors without recirculation to nonsmoking areas; May not be located where employees, other than custodial or maintenance personnel, are required to work; and Must be under negative pressure sufficient to prevent smoke migration to enclosed workplaces. Cleaning and maintenance work in the designated smoking area must be done while no one is smoking in the area. Periodically, but at least quarterly, the employer must inspect the ventilation in the designated smoking area to ensure that appropriate negative pressure is being maintained. Permitted smoking areas. Smoking may not be restricted in any of the following establishments: (1) any establishments or restaurants that possess an alcoholic beverage license; (2) bars; (3) taverns; (4) hotels; and (5) motels, unless smoking is prohibited in a specified area only and the areas where smoking is allowed: (1) are entitled to receive the same services, allow the same activities and be at least the same area size as the areas where smoking is prohibited; and (2) are established without any requirements to modify the structural or atmospheric conditions of the smoking areas.

Workplace Smoking Rules in Maine    choose another state

General provisions. Smoking in the workplace is prohibited, except in designated smoking areas, if prohibited by a written employer policy. However, an employer's policy may prohibit smoking in the workplace completely. Employers covered. Employers with one or more employees. Written policy requirements. Employers in Maine — including the state and its political subdivisions — who employ one or more employees must establish a written policy concerning smoking and nonsmoking by employees in their business facilities (a structurally enclosed location or portion of a structurally enclosed location at which employees perform services for their employer), unless the business facility also serves as a personal residence. In order to protect the employer and employees from the detrimental effects of smoking by others, the policy must prohibit smoking except in designated smoking areas. The policy may designate smoking areas, or it may prohibit smoking throughout a business facility. The employer must post and supervise the implementation of the policy, and provide a copy of the policy to any employee upon request. An employer may solicit help from the Bureau of Health in developing a smoking in the workplace policy. The law does not apply to any business facility where policies concerning smoking have been mutually agreed upon by the employer and all employees. Posting requirements. Signs must be posted conspicuously in buildings where smoking is regulated by law. Designated smoking areas must have signs that read "Smoking Prohibited" with letters at least one inch high. Places where smoking is prohibited must have signs that read "No Smoking" with letters at least one inch high or the international symbol for no smoking. No smoking areas. Public places. Smoking is prohibited in Maine in all enclosed areas of public places and all rest rooms made available to the public. A public place is any place not open to the sky into which the public is invited or allowed but does not include private residences. Smoking is not prohibited in enclosed areas of public places when the facility is not open to the public. Restaurants. Restaurants must provide a no-smoking area for customers, reasonably calculated to address the needs of the nonsmoking public. The law does not prevent a restaurant from designating more than 50 percent of its indoor seating as nonsmoking or all of its indoor seating as nonsmoking. Restaurants must prominently display — at or near the entrance — a sign indicating their policy on seating smokers and nonsmokers and encourage customers to make their seating requests known. If a host or hostess seats customers and indicates verbally at the time of seating the restaurant's smoking policy and the location of the smoking and nonsmoking areas in the restaurant, no signs need be posted. Off-track betting and simulcast racing facilities. Smoking is not prohibited in designated smoking areas in an off-track betting facility or simulcast racing facility at a commercial track, if that facility is licensed and in operation on June 30, 2003, and certain other requirements are met. Designated smoking areas. A smoking area may be designated in an enclosed public place so long as no sales, services or other commercial or public activities are conducted in that area. Designated smoking areas must be physically separated from nonsmoking areas.

Workplace Smoking Rules in Michigan    choose another state

Employers covered. Employers with one or more employees. Written policy and posting requirements. The agency or person who owns or operates a public place must post signs stating that smoking in that public place is prohibited except in designated smoking areas, provide — as much as possible — a smokefree area and have and enforce a policy for the separation of smokers and nonsmokers. No smoking areas. Public places. Smoking is prohibited, except in designated areas in public places including any enclosed, indoor area owned or operated by a state or local governmental agency and used by the public or as a place of work for public employees or a meeting place for a public body such as an office, education facility, health care facility, auditorium, arena, meeting room or public conveyance. In addition, the smoking prohibition covers the following enclosed, indoor areas that are not owned or operated by a state or local governmental agency that are used by the general public: educational facilities, health care facilities, auditorium, arenas, theaters, museums, concert halls and other facilities while in use for performances or exhibits of the arts. Child care centers. Smoking is prohibited in child care centers and their surrounds. If a child care center is located in a public or private school building with a designated smoking area, smoking is permitted in the designated area so long as the smoking area is located in a private, enclosed room or office that is both physically and visually separate from the common areas and the child care areas. Food service establishments. Smoking is not permitted in public areas of food service establishments. Public areas include bathrooms, coatrooms and entrance or other areas used by patrons when not seated at a food service table or counter. Public areas do not include lobbies, waiting rooms, hallways and lounge areas, but these areas are not required to be designated as smoking areas. A food service establishment with a seating capacity of fewer than 50 and a food service establishment that is owned and operated by a private club, regardless of seating capacity, may designate up to 75 percent of its seating capacity as seating for smokers. A food service establishment with a seating capacity of 50 or more that is not owned or operated by a private club may designate up to 50 percent of its seating capacity as seating for smokers. When a food service establishment designates seating for smokers, it must: (1) clearly identify the nonsmoking seating; (2) place seats for nonsmokers in close proximity to each other; and (3) locate the seats for nonsmokers so as not to discriminate against the nonsmokers. The smoking in food service establishment rules also apply to a food service establishment or group of food service establishments that are located in a shopping mall where seating is provided by the owner of the shopping mall, rather than the food service establishment or group of establishments. The rules do not, however, apply to a private facility that is serviced by a catering kitchen or to a separate room in a food service establishment that is used for private banquets. Designated smoking areas. Designated smoking areas not specified. Permitted smoking areas. Excluded from the definition of "public place" and, therefore, from the prohibition against smoking, is any private, enclosed room or office occupied exclusively by a smoker, even if the area may be visited by a nonsmoker. Also excluded are areas used for private functions where the seating arrangement are under the control of the event sponsor, food service establishments, licensed premises (bars), private educational facilities after regularly scheduled school hours. Visitors to nursing homes must refrain from smoking in nonsmoking rooms or wards and may smoke only in designated areas. Staff are only allowed to smoke in designated smoking areas and not in patient rooms or while performing duties in the presence of patients. Eating areas must have smoking and nonsmoking areas. Tobacco products may not be sold on the premises, except as provided for by the owner or governing board. Signs indicating that smoking is prohibited except in designated areas are to be posted at each entrance to the facility and in each designated smoking area.

Workplace Smoking Rules in Minnesota    choose another state

Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. Signs must be posted indicating which areas are designated as smoking areas and which areas are no-smoking areas. No smoking areas. In Minnesota, smoking is prohibited in public places and public meetings except in designated smoking areas. Public places means any enclosed, indoor area used by the general public, including restaurants, retail stores, offices and other commercial establishments, public conveyances, educational facilities other than public schools, hospitals, nursing homes, auditoriums, arenas, meeting rooms and common areas of rental apartment buildings. Excluded from the definition of public places are private, enclosed offices occupied exclusively by smokers even though the offices may be visited by nonsmokers. In workplaces such as factories, warehouses, and other places not usually frequented by the general public, smoking is restricted or prohibited where the close proximity of workers or the inadequacy of ventilation causes smoke pollution detrimental to the health and comfort of nonsmoking employees. Smoking is also prohibited in licensed day care centers, in a licensed family home or group family day care provided home, in health care facilities and in clinics except under certain, limited circumstances. Designated smoking areas. To minimize the effects of smoke entering nonsmoking areas, existing barriers and ventilation must be used.

Workplace Smoking Rules in Missouri    choose another state

Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. Signs must be posted to indicate areas in which smoking is allowed or prohibited. No smoking areas. Smoking in Missouri is prohibited in public places and meetings, except in designated smoking areas. Public places are places such as retail or commercial establishments, health care facilities, vehicles used for public transportation, rest rooms, elevators, educational facilities and places used for entertainment. However, the smoking prohibition does not apply to: bars, taverns, restaurants that seat less than 50 people, bowling alleys and billiard parlors that conspicuously post Nonsmoking Areas are Unavailable signs; private residences; enclosed sports arenas seating more than 15,000 persons; areas used for private social functions that are under control of the function's sponsor; limousines and taxicabs where the driver and all passengers agree to smoking in the vehicle; tobacco shops; and performers on stage when smoking is part of the production. Persons in charge of public places and meetings have a duty to make reasonable efforts to prevent smoking by (1) posting no-smoking signs; (2) arranging seating and utilizing ventilation systems and physical barriers to isolate designated smoking areas; (3) making reasonable requests of persons smoking to move to a designated smoking area; and (4) allowing smoking in designated areas of theater lobbies only. Child care facilities. Smoking is not allowed in any area of a licensed child care facility during the time when children cared for in that facility are present. Violation of the law is an infraction, punishable by a fine of up to $200. Designated smoking areas. To isolate smoke in designated smoking areas, existing barriers and ventilation systems must be used. In addition, seating should be arranged so as to put nonsmokers furthest away from smoking areas. Permitted smoking areas. Smoking is permitted at private social functions, if the seating arrangements are not under the control of the proprietor of the establishment, and in tobacco shops, sports arenas and bars.

Workplace Smoking Rules in Mississippi    choose another state

General provisions. No general provision. However, both public and private employers in Mississippi are prohibited from requiring as a condition of employment that any employee or applicant for employment abstain from smoking or using tobacco products during nonworking hours, provided that the individual complies with applicable laws or policies regulating smoking on the employer's premises during working hours. Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. Posting not specified. No smoking areas. No-smoking areas not specified. Designated smoking areas. Designated smoking areas not specified.

Workplace Smoking Rules in Montana    choose another state

Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. In Montana, the proprietor or manager of an enclosed public place must either designate nonsmoking areas with easy to read signs or designate the entire area as a smoking or nonsmoking area, again using easy to read signs. No smoking areas. Montana's Clean Indoor Air Act prohibits smoking in general office spaces, as well as in auditoriums and conference rooms, elevators, corridors, lobbies, restrooms and stairways, medical care facilities, libraries and hazardous areas. Effective October 1, 2005, smoking is prohibited in all public schools and in all places where the public is free to enter, including public buildings and workplaces, with limited exceptions to the rule. Designated smoking areas. Smoking is only allowed in designated areas in public places defined as any indoor area, room or vehicle used by the general public or serving as a place of work, including but not limited to restaurants, stores, offices, trains, buses, educational or health care facilities, auditorium, arenas, and assembly and meeting rooms open to the public. The proprietor or manager of an enclosed public place must either designate nonsmoking areas with easy to read signs or designate the entire area as a smoking or nonsmoking area, again using easy to read signs. Certain buildings both owned and occupied by the state may be smoke free. In addition, designated smoking areas are to be established in state buildings that are suited by architectural design and functional purpose to have a designated smoking area. In identifying smoking areas, consideration must be given to the number of smokers and nonsmokers in the building, the ventilation system, the availability of space and protection of nonsmokers from involuntary exposure to smoke. Signs must be posted stating that the building is smoke free and identifying the smoking area or areas. In buildings of historical significance, the signs must be aesthetically pleasing and appropriate to the architectural style of the building. Permitted smoking areas. Exempt from the smoking restriction laws are restrooms, bars and taverns where food is not served, vehicles or rooms seating less than six members of the public, educational facilities designated as smoke-free and state buildings designated as smoke-free.

Workplace Smoking Rules in North Carolina    choose another state

General provisions. No general provision. However, in North Carolina, public employers and private employers with three or more regular employees may not discriminate against any person for engaging in the lawful use of lawful products, including tobacco, during nonworking hours if the use does not adversely affect a person's ability to fulfill job responsibilities, an employee's job performance or the safety of other employees. Employers may, however, restrict the use of lawful products when restriction is a bona fide occupational requirement or if it relates to an organization's fundamental objectives. This law does not affect an employer's ability to take action against an employee who fails to comply with the requirements of a substance prevention program or to the ability to distinguish between use or nonuse of lawful products in health, disability or life insurance policies when certain differential rates, notice and contribution requirements are met. Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. Posting not specified. No smoking areas. No-smoking areas not specified. Designated smoking areas. Designated smoking areas not specified.

Workplace Smoking Rules in North Dakota    choose another state

General provisions. Smoking is only permitted in designated areas within places of public assembly and public workplaces. Effective August 1, 2005, smoking is prohibited in all enclosed areas of public places and places of employment. Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. Signs must be posted in any designated smoking area in a place of public assembly stating "Designated Smoking Area" or words to that effect. No smoking areas. Smoking is not permitted in an early childhood facility at any time when a child who receives services from that facility is present and receiving services. Designated smoking areas. Smoking is only permitted in designated areas within places of public assembly. "Place of public assembly" means enclosed theaters, auditoriums, gymnasiums, elevators, libraries, vehicles used in public transportation — and waiting areas in public transportation terminals, rooms where individuals are confined for health care — including the waiting room, restroom, lobby or hallway of a hospital, nursing home, rest home or other health care facility, and any building owned or leased by the state or a political subdivision of the state — including public education buildings. Also included are areas not included above that have a seating capacity of 50 or more and that are available to the public — including all types of eating establishments. Excluded are private, enclosed rooms of a residence, bars and taverns. Effective August 1, 2005, smoking is permitted in private residences, except those operating as a child care facility when children are present; hotel and motel rooms and other places of lodging rented to guests and designated as smoking rooms; retail tobacco stores, provided that smoke from these establishments does not infiltrate into areas where smoking is prohibited; outdoor areas of employment, except a sports arena; any area not commonly accessible to the public and that is part of an owner-operated business having no employee other than the owner-operator; bars; places of public access rented or leased for private functions from which the general public and children are excluded and arrangements for the function are under the control of the function sponsor; and separately enclosed areas in truckstops accessible only to adults. Smoking as part of a traditional American Indian spiritual or cultural ceremony is not prohibited. A patient may smoke in a state-licensed hospital or on its grounds if the patient's attending physician authorizes the activity based on medical policies adopted by the hospital organized medical staff. A resident of a licensed basic care facility or licensed nursing facility may smoke in the facility or on its grounds if approved by the board of the facility. A person or employer can not discharge, refuse to hire, or in any manner retaliate against an employee, employee applicant or other person because that person asserts or exercises rights afforded by this law or attempts to prosecute a violation of the law. The designated smoking area may not cover more than 50 percent of a covered area, except that a restaurant may temporarily, during the course of a business day, expand the designated smoking area if the smoking area fills up and additional area for expansion is available.

Workplace Smoking Rules in Nebraska    choose another state

General provisions. Smoking is prohibited in public places, except in designated smoking areas. If a workplace is not open to the general public, the employer may restrict or prohibit smoking if the ventilation system is inadequate to prevent health risks from smoke or to preserve the comfort of nonsmokers. To apply for a waiver of the Clean Indoor Air Act or these rules, the proprietor or other person in charge must submit a written application to the Department of Health and Human Services Regulation and Licensure. Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. Signs must be posted to indicate the areas in which smoking is prohibited or permitted. All restaurants and bars must post signs that notify the public of the smoking status of the establishment. Child care providers must post appropriate signs to notify the public that the facility is a smoke free environment. If a child care provider designates an outdoor smoking area, the sign must indicate that the interior of the facility is smoke free. No smoking areas. Smoking is prohibited in all Nebraska public places, except where designated. Public areas are any enclosed, indoor areas used by the general public or serving as a place of work, including such places as commercial establishments, public transportation, educational facilities, hospitals, meeting rooms and auditoriums but excluding private, enclosed offices occupied exclusively by smokers, even though the offices may be visited by nonsmokers. The law does not apply when an entire room or hall is used for a private social function and seating arrangements are under the control of the function's sponsor, not the proprietor of the facility. With respect to factories, warehouses and similar places of work not visited by the general public, state regulations to restrict or prohibit smoking have been developed where the close proximity of workers or the inadequacy of ventilation cause smoke pollution detrimental to the health and comfort of nonsmoking employees. Child care programs that are required to be licensed and that are not in the residence of the provider must be smoke-free environments. If the provider designates a smoking area, it must be at least 50 feet from the building and out of sight of the children. Designated smoking areas. A proprietor or person in charge of a public place has a duty to prevent smoking and must make reasonable efforts to do so by: (1) posting appropriate signs; (2) arranging seating to provide a smoke-free area; (3) asking smokers to refrain from smoking upon request of a client or employee suffering discomfort from the smoke; or (4) any other means appropriate. Smoking restrictions may be waived by the Department of Health, upon request, if there are compelling reasons to do so and a waiver will not significantly affect the health and comfort of nonsmokers. Smoking areas designated by proprietors or other persons in charge must have existing physical barriers and ventilation systems to minimize the toxic effects of smoke in adjacent nonsmoking rooms. One-half of single-room public places must be reserved and posted for nonsmoking, and no public place, other than a bar or restaurant that must conspicuously post its smoking status, having less than 1,200 square feet can be designated as a smoking area in its entirety. Permitted smoking areas. Smoking is permitted in private offices that are occupied only by smokers and at private social functions if seating is not under control of the proprietor of the establishment.

Workplace Smoking Rules in New Hampshire    choose another state

Employers covered. In New Hampshire, the "Indoor Smoking Act" regulates smoking in all enclosed workplaces with four or more workers and enclosed places accessible to the public, regardless of whether publicly or privately owned, excepting effectively segregated "smoking permitted areas." If smoking cannot be effectively segregated in any such enclosed place, then smoking must be totally prohibited. Written policy requirements. Employers are required to have a written smoking in the workplace policy. In addition, they must provide orientation regarding the no-smoking policy for all employees. Posting requirements. Written policies regarding smoking restrictions should be provided to or posted for all persons who work in or routinely use the facility. No smoking areas. In New Hampshire, the Indoor Smoking Act regulates smoking in all enclosed workplaces with four or more workers and enclosed places accessible to the public, regardless of whether publicly or privately owned, excepting effectively segregated smoking permitted areas. Designated smoking areas. Designated smoking areas must be separated from nonsmoking areas by a continuous physical barrier (wall or partition) that is at least 56 inches high. At least four feet of space must separate smoking and nonsmoking areas. Permitted smoking areas. Smoking is permitted in chartered vehicles, private social clubs and gatherings, restaurant seating fewer than 50 people and private rooms in dorms and other residential facilities.

Workplace Smoking Rules in New Jersey    choose another state

General provisions. Effective April 15, 2006, the New Jersey Smoke-Free Air Act prohibits smoking in indoor public places and workplaces, with limited exceptions. Prior to April 15, 2006, smoking is prohibited in workplaces with 50 or more employees, except pursuant to a written employer policy, and in most public places and retail food stores. Employers covered. Effective April 15, 2006, smoking is prohibited in indoor public places and workplaces with limited exceptions. An indoor public place is a structurally enclosed place of business, commerce or other service related activity, whether publicly or privately owned or operated on a for-profit or nonprofit basis, which is generally accessible to the public. For purposes of this law, workplace means a structurally enclosed location or portion thereof at which a person performs any type of service or labor. Prior to April 15, 2006, employers of 50 or more employees in the state are covered by New Jersey's smoking in the workplace law. Written policy requirements. Prior to April 15, 2006, employers are required to establish written rules governing smoking in the workplace. The policy must designate nonsmoking areas but can also designate smoking areas, unless smoking is otherwise prohibited by a municipal ordinance or any other statute or regulation. Each employer, in establishing these no-smoking or limited-smoking areas, may provide a phaseout period not to exceed one year. And, any rule, policy or procedure concerning smoking may be established by an employer or negotiated as a term or condition of any agreement or contract of employment, as long as it is not contrary to the provisions of the law. Employees, upon request, must be provided with a copy of the written rules. No smoking areas. Prior to April 15, 2006, no-smoking areas are not specified. Posting requirements. Effective April 15, 2006, the person having control of an indoor public place or workplace shall place in every public entrance to the indoor public place or workplace a sign, located so as to be clearly visible to the public, containing letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited therein, except in designated areas as provided pursuant to the New Jersey Smoke-Free Air Act. The sign must also indicate that violators are subject to a fine. For those areas where smoking is permitted, the person having control of the indoor public place or workplace must post a sign "Smoking Permitted" in letters at least one inch in height or marked by the international symbol for smoking is permitted. Prior to April 15, 2006, signs must be posted to indicate in which areas smoking is allowed or prohibited. In addition, employers must make smoking in the workplace rules readily available to employees, which may mean posting them. Designated smoking areas. Effective April 15, 2006, the person having control of a hotel, motel or other lodging establishment may permit smoking in up to 20 percent of its guest rooms. Prior to April 15, 2006, designated nonsmoking areas must be physically separated from smoking areas. Smoking areas in public workplaces must be enclosed, with smoke exhausted directly outside. Permitted smoking areas. Effective April 15, 2006, the New Jersey Smoke-Free Air Act does not apply to: any cigar bar or cigar lounge that, in the calendar year ending December 31, 2004, generated 15 percent or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors, not including any sales from vending machines, and is registered with the local board of health in the municipality in which the bar or lounge is located. The registration will remain in effect for one year and is renewable only if in the preceding calendar year the cigar bar or lounge generated 15 percent or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors, and the cigar bar or cigar lounge has not expanded its size or changed its location since December 31, 2004; any tobacco retail establishment or any area the tobacco retail establishment provides for the purposes of smoking; any tobacco business when the testing of a cigar or pipe tobacco by heating, burning or smoking is a necessary and integral part of the process of making, manufacturing, importing or distributing cigars or pipe tobacco; private homes, private residences and private automobiles; and the area within the perimeter of any casino approved by the Casino Control Commission that contains at least 150 stand-alone slot machines, ten table games, or some combination thereof approved by the commission, and the machines and games are available to the public for wagering; and any casino simulcasting facility approved by the Casino Control Commission that contains a simulcast counter and dedicated seating for at least 50 simulcast patrons or a simulcast operation and at least ten table games, and the simulcast facilities and games are available to the public for wagering.

Workplace Smoking Rules in New Mexico    choose another state

General provisions. No general provision. Employers covered. Employers with one or more employees. Written policy requirements. Public employers of 15 or more employees are required to implement smoking policies in New Mexico. Posting requirements. In New Mexico, smoking-permitted areas include fully enclosed offices occupied exclusively by smokers, rooms being used for nongovernmental functions, or those areas designated as smoking-permitted by appropriate signs but not exceeding 50 percent of the public place. No smoking areas. The New Mexico Clean Air Act prohibits smoking in public places, including places of employment, except in smoking-permitted areas. No part of the state capitol or capitol north will be designated as a smoking-permitted area. Designated smoking areas. Designated smoking areas not specified.

Workplace Smoking Rules in Nevada    choose another state

Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. Signs must be posted in nonsmoking areas and separate areas for smoking may be designated. No smoking areas. In Nevada, smoking is prohibited, except where designated, in public places including elevators, public buildings (those owned and used by the University of Nevada system or by state or local governments), waiting rooms, hallways of health care facilities; offices of health care providers; hotels and restaurants when designated by the owner; grocery stores; child care facilities; buses used by the general public; and school buses. Signs must be posted in nonsmoking areas and separate areas for smoking may be designated. Cigarette vending machines may not be placed in public areas if minors are permitted access to the areas. Restaurants with seating capacities of 50 or more must maintain a flexible nonsmoking area in the facility and offer each patron the choice of sitting in the smoking or nonsmoking area. However, a business that derives more than 50 percent of its gross receipts from the sale of alcoholic beverages or from gaming operations may be designated as a smoking area in its entirety. Designated smoking areas. If a child care facility designates a smoking area, children may not be allowed in the designated smoking area and the area must be sufficiently separate or ventilated so that there are no irritating or toxic effects of smoke in the other areas of the facility. Permitted smoking areas. Smoking is permitted in designated smoking areas in public waiting rooms, lobbies or hallways of medical facilities, doctors' offices, hotel or motels, food stores or chartered buses and in licensed gaming establishments.

Workplace Smoking Rules in New York    choose another state

General provisions. A strict antismoking law prohibits smoking in almost every workplace, including bars and restaurants. New York protects nonsmokers from exposure to secondary smoke in the workplace. Covered workplaces include any indoor area where employees perform services that is not generally accessible to the general public, however the law also regulates smoking in indoor areas that are generally accessible. Accordingly, an employer that fits into either category would be subject to the law. Employers covered. Employers with one or more employees. Written policy requirements. The law requires employers, including state and local governments, to adopt and implement a written smoking policy. This policy must designate smokefree work areas for nonsmoking employees, although the employer is not required to make expenditures or structural changes to create these areas. Work areas permitting smoking may be provided if all employees agree to the designation. The policy must also set aside contiguous nonsmoking areas large enough to accommodate employee demand in employee cafeterias, lunch rooms and lounges. The policy should prohibit smoking in common workplace areas such as rest rooms, elevators, classrooms, hallways and photocopy machine rooms, and prohibit smoking in conference rooms unless no one objects. Posting requirements. Copies of the employer's smoking policy should be posted in the workplace and distributed to employees upon request. Signs must read "Smoking" or "No Smoking" or have the international "No Smoking" symbol prominently displayed. No smoking areas. Smoking is prohibited in these indoor areas that are open to the public: auditoriums, elevators, gymnasiums, indoor swimming pools, indoor areas of food stores (note that a separate rule governs restaurants), classrooms, public mass transportation, ticketing and boarding areas in public transportation terminals, youth centers and detention facilities, child care services facilities, child day care centers, group homes for children, public institutions for children, residential treatment facilities for children, general hospitals and residential health care facilities. In addition, smoking is prohibited except in designated areas in all public and private schools, in hospitals and health care facilities (except in cafeterias), in public buildings, theaters, museums, libraries, retail stores, commercial establishments, indoor arenas, waiting room and waiting areas, banks, restrooms and service areas in cafeterias, businesses selling food and zoos. Food service establishments must provide a nonsmoking section and may not determine that no demand for a nonsmoking section exists. Designated smoking areas. The fact that an employer is permitted to designate smoking areas does not prevent that employer from designating the entire workplace or a part of it as nonsmoking. To the extent possible, separate rooms should be set aside for smoking. Permitted smoking areas. Excluded from coverage under New York's smoking law and, therefore, from the prohibition against smoking, are private homes, private automobiles, indoor areas being used for a private social function when the seating arrangements are under the control of the event sponsor, a convention or trade show that has advertised that smoking will not be restricted and has posted the same information at the entrance, hotel and motel rooms, tobacco businesses, limousines under private hire, private boxes in indoor arenas and bars.

Workplace Smoking Rules in Ohio    choose another state

Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. Notice that smoking is not allowed must be conspicuously posted at the entrance to any child day-care facility. No smoking areas. No Ohio child day-care center, including family home day-care facilities, may allow anyone to smoke in either indoors or in the outside space of the day-care center. In the case of a family home center, the prohibition is in effect during the hours that day care is being provided. Smoking may be allowed in child day-care facilities during hours of operation if persons who are smoking cannot be seen by the children and no child will be affected by the smoke. Designated smoking areas. Designated smoking areas not specified.

Workplace Smoking Rules in Oklahoma    choose another state

General provisions. Oklahoma prohibits smoking in designated nonsmoking areas in public places, at meetings of public bodies, in state-licensed nursing facilities or in a state-licensed child care facilities during the hours of operation. A nursing facility may designate smoking areas for residents and their guests if the designated areas are in separate rooms not used by residents. Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. Signs are to be posted to prevent smoking in nonsmoking areas. No smoking areas. Smoking is prohibited in designated nonsmoking areas, which are enclosed, indoor areas owned or operated by a state or local governmental agency and used by the general public or serving as a place of work for public employees or a meeting place for a public body, including an office, educational facility, health facility, auditorium, arena, meeting room or public conveyance; an enclosed, indoor area that is not owned or operated by a state or local governmental agency that is used by the general public and that is an educational facility, a health facility, an auditorium, an arena, a theater, a museum, a restaurant (with a seating capacity of 50 or more), a bar, a concert hall or any other facility during its use for a performance or exhibit of the arts. In addition, the responsible person should ask smokers to refrain from smoking upon the request of a client or employee suffering discomfort from the smoke or who has a hypersensitivity to smoke. Designated smoking areas. A health facility or education facility may prohibit all smoking or may designate smoking and nonsmoking areas within the facility. An educational facility in which children in grades kindergarten through 12 are educated may also prohibit tobacco products in the buildings and on the grounds of the facility. Smoking areas may only be designated for adults and must be separately ventilated. If a smoking area is designated, the educational facility must also designate nonsmoking areas in the facility that may be used by school personnel for breaks, lunch and similar activities. A restaurant may have designated smoking and nonsmoking areas or may be designated as being totally smoking or totally nonsmoking area. Existing physical barriers and ventilation systems must be used to minimize the effects of smoking in both smoking and nonsmoking areas. In single-workroom areas, a section must be set aside as a nonsmoking area. Permitted smoking areas. Excluded from the smoking laws are private, enclosed rooms or offices occupied exclusively by smokers, even if the room or office may be visited by nonsmokers; rooms being used for private functions when the seating arrangements are under the control of the function sponsor; licensed premises that are part of a bowling alley; or a state-licensed racetrack or a separate or enclosed bar area of a licensed premise that has as its main purpose the selling or serving of nonintoxicating beverages for consumption on the premises.

Workplace Smoking Rules in Oregon    choose another state

Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. In public places where smoking is limited to designated areas, appropriate signs must be posted. No smoking areas. Oregon's Clean Indoor Air Act regulates smoking in enclosed indoor areas open to and frequented by the public. Public places include, but are not limited to, restaurants, bowling centers, retail stores, banks, commercial establishments, educational facilities, nursing homes, auditoriums, arenas, meeting rooms and grocery stores. Smoking or the carrying of lighted smoking materials is prohibited except in designated area in a public place. Designated smoking areas. While the person in charge of a public place may designate the areas where smoking is allowed, no public place may be designated as a smoking area in its entirety except: cocktail lounges and taverns; enclosed offices or rooms used exclusively by smokers, even though those offices or rooms may be visited by nonsmokers; retail tobacco businesses; and restaurants with seating capacities of 30 or less and restaurants with air filtration systems meeting statutory standards. Employee lounges must have nonsmoking areas.

Workplace Smoking Rules in Pennsylvania    choose another state

Employers covered. Employers with one or more employees. Written policy requirements. Under the law, employers are required to develop, post and implement a policy to regulate smoking in the workplace, provided that such policy does not conflict with any rights under a collective bargaining agreement. A copy of the smoking policy must be provided to any employee upon request. Posting requirements. Employers must post their smoking in the workplace policies. No smoking areas. Pennsylvania's law controlling smoking in public places also applies to workplaces — both public and private. The law prohibits smoking in designated nonsmoking areas of public places. Public places include enclosed, indoor areas such as workplaces, educational facilities, health facilities, auditoriums, arenas, theaters, museums, restaurants seating 75 or more, concert halls and any other facility during its use for a performance or exhibit of the arts. Designated smoking areas. Restaurants with seating capacities of 75 or more must provide smoking and nonsmoking seating areas and post signs that are readily visible indicating smoking and nonsmoking areas. Restaurants with seating capacities of less than 75 may choose not to provide a nonsmoking area but must post a notice that there is no nonsmoking area at each entranceway. Permitted smoking areas. Exempt from the restriction on smoking in workplaces are factories, warehouses and other places of work not frequented by the general public, private social functions where the area used is under the control of the function sponsor, bars, lobbies and hallways, hotel or motel rooms and retail stores whose primary business is selling tobacco products.

Workplace Smoking Rules in Puerto Rico    choose another state

General provision. Recognizing the harm caused by smoking, both the smokers and to nonsmokers, and to promote the health of its population, Puerto Rico enacted its Act to Regulate Smoking in Certain Public and Private Places. Effective March 3, 2006, the Act to Regulate Smoking in Certain Public and Private Places has been expanded to prohibit smoking in any workplace where there is one or more employees, bars, barrooms, pubs, discotheques, liquor stores, casinos, convention and commerce centers, commercial centers, and in private transportation vehicles when a minor child is seated in a protective car seat or is present in the vehicle and is under 13 years of age. Employees of a workplace are not prohibited from smoking in outdoor areas and outside the work area. Employers covered. No coverage specified. Written policy requirements. Employers must inform their employees about the reason for and the extent of Puerto Rico's Act to Regulate Smoking in Certain Public and Private Places. Posting requirements. Persons in charge of places where smoking is prohibited by law must post signs that state, at the least, NO SMOKING, followed by a reference to the Act to Regulate Smoking in Certain Public and Private Places. The signs must be in clear and legible type. No-smoking areas. Smoking is prohibited in the following places: public buildings, departments, public agencies and instrumentalities; classrooms, meeting halls, libraries, halls, school lunchrooms, cafeterias and restrooms in schools, public and private institutions at all learning levels; public elevators — passenger and cargo; theaters and movie houses; public and private hospitals and health centers; public transportation vehicles; restaurants, cafeterias, establishments for the sale of food and fast-food establishments; museums; funeral parlors; courts; areas that contain flammable fluids, gasses or materials; and child-care centers. Medical personnel in public and private hospitals and health centers, as well as authorities in charge of penal institutions and centers for the treatment of addicts, must adopt an institutional policy to cover any situation where abstinence from nicotine could be detrimental to a patient's treatment or could adversely affect an inmate. Designated smoking areas. The prohibitions against smoking contained in Puerto Rico's Act to Regulate Smoking in Certain Public and Private Places do not prevent persons in charge of places where smoking is prohibited from designating smoking areas in their facilities if the following requirements are met: The smoking area is clearly identified by signs or notices. There is adequate ventilation to prevent the movement of smoke from the smoking area to nonsmoking areas. If possible, the smoking area is in an open and well-ventilated area (if closed, it must be fitted with air purifiers and ventilators). The area must have ashtrays and fire extinguishers. In schools up to the twelfth grade, designated smoking areas are accessible only to teachers and school employees. Existing ventilation systems may be used to remove smoke from designated smoking areas.

Workplace Smoking Rules in Rhode Island    choose another state

General provisions. The smoking law in Rhode Island is designed to protect the health and atmospheric environment of the nonsmoker by regulating smoking in the workplace. Effective March 1, 2005, smoking is prohibited in all enclosed public places as well as in all enclosed facilities within places of employment. Employers covered. The smoking in the workplace law is applicable to employers of more than 30 employees. Written policy requirements. The employer must have a written policy that, at a minimum, protects the health and atmospheric environment of the nonsmoker, ensures a comfortable environment for all employees and provides an opportunity for nonsmoking employees to object to the smoke hazard or discomfort in their workplace. Posting requirements. If an employer decides to allow smoking in the workplace, the employer must designate all nonsmoking areas conspicuously with signs. No smoking areas. Smoking is prohibited in the following places used by or open to the public: elevators, indoor movie theaters, libraries, art galleries, museums, concert halls, auditoriums, buses, school buildings, colleges, universities (including dormitories), public hallways in court buildings, hallways of elderly housing complexes, supermarkets, medical offices and hospitals. No-smoking signs and warnings must be conspicuously posted in these nonsmoking places. Effective May 13, 2005, the nonsmoking workplace exemptions for Class C and D liquor license holders are removed. Rhode Island prohibits smoking in eating facilities with a seating capacity of 50 or more to some extent. Separate seating must be provided for nonsmokers and smokers in such facilities. For purposes of the Rhode Island law, an eating facility includes any building, structure, room or area maintained as or held out to the public as an enclosure where meals are served for consideration of payment. The proprietor or person in charge of an eating facility must post signs as follows: (1) at the entry, stating that the establishment is required by law to have a no-smoking section and (2) in the no-smoking sections, to identify the area as such. Designated smoking areas. An employer may prohibit smoking in the workplace. If the employer decides to allow smoking in the workplace, the law requires that the employer make reasonable accommodation for the preferences of both nonsmoking and smoking employees (particularly those employees with a sensitivity to tobacco smoke) and designate all nonsmoking areas conspicuously with signs. In addition, employers are not allowed to terminate an employee without due cause nor discriminate against an employee solely because the employee exercises the rights provided by the workplace smoking law. Using existing means of ventilation, separation or partition of the work space, the employer must attempt to reach a reasonable accommodation designed to protect the health and atmospheric environment of nonsmoking employees and to ensure the comfort of all employees. If a reasonable accommodation cannot be made using existing means, the employer may either completely prohibit smoking in those areas of the workplace where nonsmoking employees may reasonably be expected to be adversely affected by passive cigarette smoke or make changes needed to protect the health and atmospheric environment of nonsmoking employees. Permitted smoking areas. Smoking is not regulated in private homes that serve as workplaces, in office space leased by a sole independent contractor for that person's own use or in a private enclosed workplace occupied exclusively by smokers, even though the workplace is visited by nonsmokers, except where prohibited by fire marshal, law, ordinance or regulation.

Workplace Smoking Rules in South Carolina    choose another state

Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. Smoking and nonsmoking areas must have appropriate signs posted. No smoking areas. Smoking is prohibited in South Carolina in the following public indoor areas, except where a smoking area is designated: public schools and preschools; child care facilities; health care facilities; government buildings; elevators; public transportation, except taxis; arenas and auditoriums of public theaters or public performing arts centers (smoking areas may be designated in foyers, lobbies and other common areas and smoking is permitted as part of a legitimate theatrical performance). Designated smoking areas. Existing physical barriers and ventilation systems must be used to keep smoke from entering nonsmoking areas.

Workplace Smoking Rules in South Dakota    choose another state

Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. No-smoking signs must be posted at building entrances and exits where smoking is prohibited. No smoking areas. No-smoking areas not specified. Designated smoking areas. In South Dakota, smoking is only allowed in designated areas of hospitals, medical and dental clinics, nursing homes, public libraries, museums, indoor theaters, concert halls, elementary and secondary school buildings, public conveyances, jury rooms and elevators. In addition, smoking is prohibited in day care centers during the time when children who are not family members of the day care provider are present. The law does not prohibit smoking in the named places if the smoking is confined to areas designated as smoking areas.

Workplace Smoking Rules in Tennessee    choose another state

General provisions. No general provision. However, Tennessee prohibits discharging employees solely for using tobacco or other legal agricultural products not regulated by the alcoholic beverage commission. This prohibition applies if the employee's use complies with all applicable employer policies regarding use during work times or if the use occurs when the employee is not working. Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. No Smoking signs, or the international No Smoking symbol, which consists of a pictorial representation of a burning cigarette enclosed in a circle with a bar across it, must be prominently posted and properly maintained on each main building entrance where smoking is regulated by law. No Smoking signs or No Smoking symbols must be prominently displayed throughout the building to ensure that the public is aware of the restriction. No smoking areas. Smoking may not be permitted and no person may smoke in the following places: (1) Child day-care centers, unless day care is provided in a private home, in which case adult staff members may be permitted to smoke in designated smoking areas to which children are not allowed access. Written notification must be given to the parent or legal guardian upon enrollment if the day-care center has an indoor designated smoking area. (2) Any room or area in a community center while the room or area is being used for children's activities. (3) Group-care homes. Adults may smoke in fully enclosed adult staff residential quarters contained within a group-care home, but not in the presence of children who reside as clients in the group-care home. (4) Health care facilities, excluding nursing homes facilities. Adult staff members may be permitted to smoke in designated smoking areas to which children are not allowed access and adults may be permitted to smoke outside the facility. (5) Museums (except when used after normal operating hours for private functions not attended by children). Adult staff members may be permitted to smoke while at work in designated smoking areas to which children are not allowed access. (6) All public and private kindergartens, elementary and secondary schools. Adult staff members may be permitted to smoke outdoors but not within 50 feet of any entrance to any building. Adults may also smoke in any fully enclosed adult staff residential quarters, but not in the presence of children attending the school. (7) Residential treatment facilities for children and youth. Adult staff members may be permitted to smoke in designated smoking areas to which children are not allowed access. (8) Zoos. Adult staff members may be permitted to smoke in designated smoking areas to which children are not allowed access. (9) School grounds, provided that after regular school hours, adults are allowed to smoke on the property surrounding the institution, but not blocking any entrance to any building. The surrounding property does not include any public seating areas, including bleachers used for sporting events or public restrooms. Designated smoking areas. Designated smoking areas not specified.

Workplace Smoking Rules in Texas    choose another state

Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. None specified. No smoking areas. Smoking and possession of a burning tobacco product is prohibited in public schools, elevators, enclosed theaters and movie houses, libraries, museums, hospitals, transit system buses, intrastate buses, or public airplanes and trains. The facility or conveyance must clearly display a notice stating that smoking is prohibited by law and punishable by a fine of up to $500. Smoking areas may be designated in the above facilities and conveyances. Smoking by students at any school-related or sanctioned activity, on or off school property, is prohibited. Designated smoking areas. In areas where smoking is prohibited by law - public schools, elevators, enclosed theaters and movie houses, libraries, museums, hospitals, transit system buses, intrastate buses, or public airplanes and trains - smoking areas may be designated.

Workplace Smoking Rules in Utah    choose another state

General provisions. Utah's Clean Indoor Air Act generally prohibits smoking in all enclosed indoor places of public access and in publicly owned buildings and offices. All local smoking ordinances are superseded by the state Act, unless they are essentially the same as the Act. Exceptions to smoking restrictions. Utah's Clean Indoor Air Act does not apply to: Buildings owned, rented or leased to social, fraternal or religious organizations when used solely by the members and their guests or families; Any facility rented or leased for a private function when the public is excluded from the function and arrangement for the function are under the control of its sponsor; Nonpublic workplaces; Nonpublic areas of owner-operated businesses having no employees other than the owner-operator; Guest rooms in lodging facilities (but not in common areas); Taverns; Private clubs; and Separate enclosed smoking areas in passenger terminals of international airports in large cities that are vented directly to the outdoors and that do not allow any smoke to drift into nonsmoking areas. Written policy requirements. An employer that operates a workplace that is not a place of public access or a publicly owned building or office must establish or negotiate through the collective bargaining process a written smoking policy. If an employer employs fewer than 10 full-time employees on a regular basis, the policy need not be in writing. The written policy must do one of the following: Prohibit smoking in the workplace; Restrict smoking to designated enclosed smoking areas; or Permit smoking in designated unenclosed smoking areas if the layout of the workplace prevents smoke in the work areas of all nonsmoking employees and 75 percent of the employees in the workplace agree to allowing smoking in unenclosed areas. For the last requirement, employees must vote by written secret ballot, with at least two nonsmoking employees acting as witnesses and monitoring the vote counting. The employer must later keep a record on file of the vote with the witnesses' signatures. Posting requirements. A building owner or business operator is generally required to post signs announcing whether or not smoking is allowed in a given area. The signs must be posted conspicuously on all entrances or in a position clearly visible on entry into the place. One of the following three types of signs may have to be used: In a place where smoking is prohibited entirely, the sign must state "No smoking is permitted in this establishment" or a similar statement. In a place where smoking is partially allowed, the sign must state "No smoking is permitted except in designated areas" or a similar statement. In a place where smoking is permitted everywhere, the sign must state "This establishment is a smoking area in its entirety" or a similar statement. When smoking is allowed, a sign must be posted stating something like "smoking permitted." Also, a sign must be posted announcing "smoking not permitted beyond this point" at exits leading from a smoking to a nonsmoking area. Signs prohibiting or limiting smoking must be accompanied by the international no-smoking symbol (a cigarette inside a red circle with a line going through it). Similarly, signs allowing smoking must have the international smoking symbol (the same circle without the line through it). The words "No Smoking" must always be at least one and a half inches in height. For further help, the Utah Department of Health can provide samples of signs that meet their requirements. Employer responsibility. Where smoking in the workplace is prohibited, employers (or their agents, including their employees) that observe someone smoking in violation of the law must request that the person extinguish the tobacco product. If the person fails to comply, the employer must ask the person to leave the premises. An employer is prohibited from retaliating or otherwise taking any adverse action against an employee or job applicant for seeking enforcement of the Utah Indoor Clean Air Act or the workplace smoking policy. An employer also cannot discriminate against an employee merely for protesting the smoking of others. Designated smoking areas. When an employer provides a break room that serves as a smoking area, the employer must also provide a separate smoking-prohibited break room. At a minimum, the nonsmoking break room must be equal in size and have the same number of accessories (e.g. refrigerators, microwaves, tables).

Workplace Smoking Rules in Virginia    choose another state

Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. Persons in charge of a space subject to this law shall post signs conspicuous to public view stating "Smoking Permitted" or "No Smoking," and in restaurants, signs conspicuous to ordinary public view at or near each public entrance stating "No-Smoking Section Available." No smoking areas. Smoking is prohibited in public elevators, in public school buses, in common areas in the interior of any public elementary, intermediate or secondary school (however, smoking may be allowed by a local school division in a designated area that is not a common area, including a classroom, library, hallway, restroom, cafeteria, gymnasium or auditorium after regular school hours so long as all student activities in the building have been concluded), in hospital emergency rooms, in local and district health departments, in polling rooms, in indoor service and cashier lines, in the interior of a child day care center that is not also used for residential purposes (in any area of the building utilized by the child day care center), in public restrooms in any building owned or leased by the state and in public restrooms of health care facilities. Designated smoking areas. In Virginia, a private employer has the sole authority for designating smoking and nonsmoking areas within its place of business, unless such designation is the subject of a collective bargaining agreement. This law covers institutions of higher education and hospitals. The Commonwealth, its agencies and political subdivisions shall provide reasonable no-smoking areas (reasonable in view of the size and nature of the building) in any building they own or lease. Restaurants having a seating capacity of 50 or more persons must have a designated no-smoking area sufficient to meet customer demand. The person in charge of an educational facility, except any public elementary, intermediate or secondary school, health care facility or a retail establishment of 15,000 square feet or more serving the public, including, but not limited to, department stores, grocery stores, drug stores, shoe stores and recreational facilities (any enclosed, indoor area used by the general public and used as a stadium, arena, skating rink, video game facility or senior citizen recreational facility) must designate a reasonable no-smoking area (reasonable considering the nature of the use and the size of the building). Permitted smoking areas. Smoking is permitted in tobacco stores, warehouses or manufacturing facilities; bars and lounge areas; otherwise covered rooms being used for private functions; office or work area not entered into by the general public in the normal course of business; areas of enclosed shopping centers that are external to their retail stores and that are used primarily as walkways; and lobby areas of hotels, motels and other places that are open to the public for overnight accommodation.

Workplace Smoking Rules in Virgin Islands    choose another state

No information available.

Workplace Smoking Rules in Vermont    choose another state

General provisions. Smoking is prohibited in all workplaces, except in enclosed, designated smoking areas, pursuant to a written smoking in the workplace policy. Employers covered. Employers in Vermont with 10 or more regular employees are covered by the state smoking requirements. Written policy requirements. Covered employers must have a written smoking policy prohibiting smoking throughout the workplace or restricting smoking to designated enclosed smoking areas. Posting requirements. The smoking policy and a copy of the state smoking in the workplace law shall be posted in a conspicuous location. No smoking areas. Smoking is not allowed in workrooms of food processing plants. Smoking is prohibited in buildings or facilities owned or operated by social, fraternal and religious clubs. In addition, Vermont prohibits smoking in places of public access, many of which are also places of employment. Employers whose businesses are places of public access are required to restrict smoking in all enclosed indoor areas. Places of public access include any place of business, commerce, banking, financial service or other service-related activity, whether publicly or privately owned and whether operated for profit or not, to which the general public has access or that the general public uses, including buildings, offices, means of transportation, common carrier waiting rooms, arcades, restaurants, bars and cabarets, retail stores, grocery stores, libraries, theaters, concert halls, auditoriums, arenas, barber shops, hair salons, laundromats, shopping malls, museums, art galleries, sports and fitness facilities, planetariums, historical sites and common areas of nursing homes, hospitals, resorts, hotels and motels, including the lobbies, hallways, elevators, restaurants, restrooms and cafeterias. Restrictions against smoking in places of public access include buildings owned and operated by social, fraternal or religious organizations when used by the members of those organizations and their guests and any facility that is rented for a private function for which arrangements are under the control of the event sponsor; designated smoking areas in workplaces and other places of public access; and areas not commonly open to the public or owner-operated businesses with no employees. Designated smoking areas. Employers may establish a smoking policy that permits smoking in designated unenclosed smoking areas if the layout of the workplace is such that smoking will not be a physical irritation to any nonsmoking employee in the workplace and three-fourths of the employees in the workplace agree. Formerly, a restaurant, bar, cabaret, hotel or motel could allow smoking on the premises by designating all or part of the public areas of those facilities as smoking areas. As of July 1, 1995, only businesses with a cabaret license may designate smoking areas.

Workplace Smoking Rules in Washington    choose another state

Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. Signs either prohibiting or permitting smoking must be conspicuously posted. No smoking areas. The Washington Clean Indoor Air Act prohibits smoking in public places, any portion of a building or in any vehicle that is open to the public, and effective November 8, 2005, including areas within 25 feet of doorways and ventilation openings, unless a lesser distance is approved, regardless of whether it is privately or publicly owned. Smoking areas may be designated in public places except in elevators, public transportation, reception areas of government-owned buildings, public meetings, classrooms of educational facilities, and seating areas of concert halls, theaters, and sports arenas. Ban on smoking in offices. Smoking in all private and public offices is banned in Washington, except in clearly marked smoking rooms that are ventilated to the outdoors and that do not allow smoke to drift into other parts of the building. The smoking rooms must be rooms that nonsmokers do not have to enter for any reason. In addition, outdoor smoking must be regulated so that smoke does not enter the building through air intakes and doors. The rule does not presently cover industrial work sites, bars or restaurants. Designated smoking areas. Even where a smoking area is designated, existing physical barriers and ventilation systems should be used to minimize the toxic effect of smoke in adjacent nonsmoking areas. Signs either prohibiting or permitting smoking must be conspicuously posted. The law is not intended to regulate smoking in privately enclosed workplaces within public places, even though the workplace may be visited by nonsmokers.

Workplace Smoking Rules in Wisconsin    choose another state

General provisions. Smoking is prohibited in public and private workplaces, except in designated smoking areas. Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. Signs either prohibiting or permitting smoking must be conspicuously posted. No smoking areas. Under Wisconsin law, smoking is generally prohibited in many public places, including retail establishments, hospitals and offices. Office is defined as any area that serves as a place of work at which the principal activities consist of professional, clerical or administrative services. This prohibition does not apply to designated smoking areas, offices occupied exclusively by smokers, and rooms used for private functions. Designated smoking areas. Smoking areas may be designated by posting signs, and, if possible, existing physical barriers and ventilation systems should be used when designating smoking areas. An entire building may not be designated as a smoking area nor may any smoking areas be designated in busses, hospitals (with the exception of hospitals whose primary purpose is the treatment of mental illness, alcoholism or drug abuse, in which case one or more enclosed rooms with outside ventilation may be designated as smoking areas for the use of adult patients who have the written permission of a physician), physician's offices or on the premises, indoors or outdoors, of a day care center when the children who are receiving day care services are present. Permitted smoking areas. Smoking is permitted in areas of facilities used mainly for manufacturing or assembly, offices in which the main occupants are smokers, and rooms housing private social functions.

Workplace Smoking Rules in West Virginia    choose another state

General provisions. No general provision. However, it is an unlawful employment practice for any public or private West Virginia employer to refuse to hire or to disadvantage or penalize any employee in compensation, terms, conditions, or privileges of employment solely because the person uses tobacco products off the employer's premises during nonworking hours. However, the ban does not apply to a nonprofit organization that, as one of its primary purposes or objectives, discourages the use of one or more tobacco products by the general public. Also, the law does not prohibit an employer from offering, imposing, or having in effect, a health, disability or life insurance policy that makes distinctions between employees for type or price of coverage based on the employee's use of tobacco products. However, any differential premium must reflect differential costs to the employer, and the employer must provide employees with a statement delineating the differential rates used by its insurance carriers. Employers are still free to make available to smokers and other users of tobacco products free or reduced-rate programs that discourage smoking or tobacco use. Employers covered. Employers with one or more employees. Written policy requirements. Employer policy not specified. Posting requirements. Posting not specified. No smoking areas. No-smoking areas not specified. Designated smoking areas. Designated smoking areas not specified.

Workplace Smoking Rules in Wyoming    choose another state

General provisions. No general provision. However, in Wyoming, it is an unfair employment practice for an employer to require as a condition of employment that any employee or prospective employee use or refrain from using tobacco products outside the course of employment. In addition, the employer must not otherwise discriminate against any person on the basis of use or nonuse of tobacco products in compensation or other terms and conditions of employment, unless it is a bona fide occupational qualification that a person not use tobacco products outside the workplace. It is possible for employers to have a health, disability or life insurance policy distinguishing between employees for type or price of coverage based upon tobacco use or nonuse if the differential premium rates assessed reflect the actual differential cost to the employer and the employer provides written notice to employees setting forth the differential rates imposed by its insurance carriers. Employers covered. Employers with two or more employees. Written policy requirements. Employer policy not specified. Posting requirements. Posting not specified. No smoking areas. No-smoking areas not specified. Designated smoking areas. Designated smoking areas not specified.

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