Does your state regulate smoking in the workplace?
In response to increasing pressure from nonsmokers and health authorities, most states have adopted laws sharply restricting indoor smoking in public places, including workplaces, and many have banned it altogether, including outdoor smoking near entrances and windows. In a number of states, there are municipal ordinances or agency regulations that place further restrictions on workplace smoking, especially in restaurants and bars. All of the states with smoking restrictions specify certain exceptions, and these differ from state to state.
The tobacco industry and other smokers’ rights advocates have answered the call for increased regulation of workplace smoking by lobbying for the protection of employees’ rights during off-duty hours. Accordingly, many states have enacted laws prohibiting employment discrimination of any kind against workers on the basis of participation in lawful activities — including tobacco use — during nonworking hours.
Note: Employers have the discretion to ban smoking entirely in the workplace.
Revised 0213
AL
Policy and type of workplace regulated
The Alabama Clean Indoor Air Act prohibits smoking in common areas of public places, including elevators, restrooms, lobbies, and hallways; workplaces of four or more people; schools, childcare, and daycare facilities; nursing homes and senior citizen residences; retail establishments; buses and government buildings (except in private offices) and on public transportation. Under the Act, covered employers (all employers with five or more employees) are encouraged to adopt smoking policies and provide smoke-free areas. Although not mandatory, the Act states that such policies should contain provisions (1) prohibiting smoking in all common areas (unless a majority of employees agree that a smoking area will be designated) and (2) giving all employees the right to designate their work areas as nonsmoking with signs provided by the employer. Employer policies must be communicated to employees within three weeks of adoption and provided on request to employees or applicants.
Employers are allowed to prohibit smoking in all areas of the workplace.
Also, food service workers are prohibited from using tobacco while preparing or serving food or while in areas used for food preparation or equipment and utensil washing. Food service workers may use tobacco only in designated areas.
Citation: AL Admin. Code § 22-15A-1 et seq.
Requirements for smoking or nonsmoking area
Existing physical barriers and ventilation systems may be used to minimize the effect of the smoke on areas where smoking is prohibited. No more than one-fourth of a facility may be designated as smoking-permitted.
Notice posting requirement
No-smoking signs or signs bearing the international no-smoking symbol must be prominently posted in public areas and maintained by the person in charge of the facility. “Smoking area” must also be posted where smoking is permitted.
Exceptions to policy
Bars and lounges, designated smoking sections in restaurants, retail tobacco stores and tobacco businesses, limousines under private hire, designated hotel and motel rooms, patient areas in chemical dependency treatment or mental health centers.
Major cities/counties with workplace smoking laws
Birmingham has passed a smoke-free ordinance for most public places including bars and restaurants, lounges and clubs, hotels, stadiums, and bingo halls. Cigar and hookah bars are exempt.
For in-depth analysis of this topic, see Smoking.
(Change state)
AK
Policy and type of workplace regulated
Smoking is restricted to designated areas in enclosed public places and places of employment; facilities and vehicles controlled by the state, restaurants seating 50 or more; public sports and entertainment venues. Smoking is prohibited in schools and childcare facilities, hospitals and healthcare facilities, and dentists’ offices.
Citation: Alaska Stat. §18.35.300 et seq.
Requirements for smoking or nonsmoking area
Existing barriers and separate ventilation must be used to ensure that nonsmokers are not exposed to smoke from designated smoking areas, which cannot be in common areas.
Citation: Alaska Stat. § 18.35.320 et seq.
Notice posting requirement
Person in control of building must conspicuously display required signs in doorways and throughout areas where smoking is prohibited or permitted. Vehicles where smoking is prohibited must be posted as “no smoking.”
Citation: Alaska Stat. § 18.35.330 et seq.
Exceptions to policy
Private offices posted as smoking permitted, limos and taxis when all passengers agree, designated smoking areas, taverns and bars serving only uncooked snack foods.
Major cities/counties with workplace smoking laws
Anchorage: Municipal Code 16.65 prohibits smoking in all Anchorage workplaces (except certain outdoor places of employment) and other public places.
For in-depth analysis of this topic, see Smoking.
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AZ
Policy and type of workplace regulated
Prohibited in all indoor public places and workplaces with one or more employees whether compensated or volunteer, and within 20 feet of entrances. Prohibited in company-owned cars occupied by more than one person.
Citation: Ariz. Rev. Stat. § 36-601.02 et seq.
Nondiscrimination law
State agencies may not discriminate against employees on the basis of off-duty tobacco use. The “Smoke Free Arizona Act” expressly states that an employer shall not discharge or retaliate against an employee who exercises rights under the Act or reports or attempts to prosecute violations of the Act.
Notice posting requirement
“No Smoking” signs or the international No Smoking symbol and the telephone number and website for complaints must be posted at all entrances to facilities covered by the law.
Exceptions to policy
Tobacco shops, casinos, outdoor patios of restaurants and bars, up to 50% of hotel and motel rooms, veterans’ and private fraternal clubs, Native American religious ceremonies.
For in-depth analysis of this topic, see Smoking.
(Change state)
AR
Policy and type of workplace regulated
Smoking prohibited in public places, including state buildings and vehicles, and enclosed areas of employment and within 25 feet of entrances. Prohibited on public transportation vehicles. Prohibited on campuses of public supported institutions of higher education.
Citation: Ark. Stat. § 20-27-1801 Ark. Stat. § 6-60-701.
Notice posting requirement
Smoking and nonsmoking areas must be posted appropriately in every place covered by the law.
Exceptions to policy
Private residences not being used for daycare or healthcare, hotel and motel rooms designated as smoking rooms, non-public workplaces with less than three employees, retail tobacco stores, outdoor employment areas, long-term care facilities with specially designated areas for supervised patient smoking, workplaces of any business that manufactures, imports, or wholesale sells tobacco and tobacco storage facilities, restaurants and bars that prohibit minors under 21 from entering at all times, and designated smoking areas on the gaming floor of any franchise of the Arkansas Racing Commission.
Major cities/counties with workplace smoking laws
Fayetteville prohibits smoking in restaurants and most other places of employment (§ 95.05, Code of Fayetteville). Texarkana prohibits smoking within city-owned facilities (§§ 6-102 and 16-71 to 77). Little Rock: Smoking prohibited in hospitals, healthcare facilities, retail food establishments, public access elevators, and passenger service vehicles (§ 14-2 of Little Rock Code of Ordinances).
For in-depth analysis of this topic, see Smoking.
(Change state)
CA
Policy and type of workplace regulated
Prohibited in all enclosed places of employment, public or private, except in designated, separately ventilated break rooms. Prohibited in state-owned buildings or leased space and within 20 feet of main entrances, operable windows, and air ventilation intakes. Prohibited in private homes when operating as daycare centers. Prohibited in restaurants, bars, and any place food is prepared, served, or stored.
Citation: Labor Code § 6404.5 et seq., CA Code Regs. Tit. 8 § 5194(b)(6), CA Labor Code, § 96.
Requirements for smoking or nonsmoking area
Designated smoking area must be in nonwork area and vented directly outside; ventilation must comply with standards of the Occupational Safety and Health Standards Board, EPA, or equally stringent standard.
Nondiscrimination law
Employees are protected from demotion, suspension, or discharge for lawful conduct, including smoking, during nonwork hours. Hiring is not a protected activity.
Notice posting requirement
Signs indicating no smoking and smoking permitted areas must be posted appropriately at each entrance.
Exceptions to policy
Tobacco stores, warehouses, and smokers’ lounges; medical research sites; 65% of guest rooms in lodging places; private functions except when food set up or served; cabs of trucks when occupied by smokers. Employers with a total of five or fewer employees may permit smoking when all of the four conditions are met: 1) smoking area is not accessible to minors; 2) all employees who enter the smoking area consent to allow smoking; 3) air from the smoking areas is exhausted directly outside by an exhaust fan; 4) employer is in compliance with any ventilation standard or other standard utilizing appropriate technology.
Major cities/counties with workplace smoking laws
Some local ordinances require employers to accommodate to some degree the preferences of nonsmokers in the workplace. San Francisco, Palo Alto, and Los Angeles have their own smoking ordinances.
For in-depth analysis of this topic, see Smoking.
(Change state)
CO
Policy and type of workplace regulated
Prohibited in indoor enclosed public places; indoor workplaces, including restaurants, bars, and private clubs; public transportation vehicles. Smoking is prohibited within 15 feet from entryways.
Citation: Exec. Order Regarding Smoking in State Buildings D0003690. Colo. Rev. Stat., § 25-14-201 et seq.
Requirements for smoking or nonsmoking area
Facilities that are exempted from the no-smoking ban must provide a smoke-free area for each employee requesting not to have to breathe environmental tobacco smoke.
Nondiscrimination law
Employers may not discharge an employee on the basis of lawful off-duty activities, unless restriction is reasonably related to employment.
Notice posting requirement
Smoking policy must be posted prominently, including at building entrances. Smoking-permitted signs should be posted in places exempted in the law.
Exceptions to policy
Businesses with three or fewer employees, outdoor areas 15 feet from entrances, nonresidential farm and ranch buildings, decks and patios of restaurants at least 25 feet from entrances, 25% of hotel/motel rooms.
Major cities/counties with workplace smoking laws
A city, city and county, or town in Colorado may enact, adopt, and enforce their own smoking regulations or ordinances, so long as the regulation or ordinance is not less stringent than state law (C.R.S. § 25-14- 207(2)(a)).
For in-depth analysis of this topic, see Smoking.
(Change state)
CT
Policy and type of workplace regulated
Banned in public- and private-sector workplaces; any building owned, operated, or leased by the state; healthcare institutions; public and private school buildings; childcare and daycare facilities; dormitories in a university or college; public transportation vehicles and terminals; retail food stores; restaurants, bars, and private clubs; bowling alleys; and any other indoor area used by the general public.
Citation: Conn. Gen. Stat. Ann. § 19a-342.31; § 31-40q.
Requirements for smoking or nonsmoking area
Employers of five or fewer workers may, but do not have to, designate a smoking room in a nonwork area that must be ventilated directly to the outside. No one can be required to enter a smoking area.
Nondiscrimination law
Employers may not discriminate in hiring or in compensation or conditions of employment on the basis of off-duty tobacco use. Violation can result in paying back wages and damages. Organizations designed to discourage smoking are exempt.
Notice posting requirement
Signs must be posted to designate nonsmoking and smoking areas.
Exceptions to policy
Tobacco shops and tobacco bars, outdoor dining areas as long as 75 percent of the outdoor seating capacity is in a “no smoking” area, 25 percent of guest rooms in lodging operations, smoking areas in correctional and psychiatric facilities, Foxwoods and Mohegan Sun casinos.
For in-depth analysis of this topic, see Smoking.
(Change state)
DE
Policy and type of workplace regulated
Prohibited in any indoor enclosed area where the public is invited or permitted, including all public buildings, all workplaces, stores, restaurants and bars, casinos, and public transportation vehicles.
Citation: Del. Code, tit.16, Chap. 29, § 2901 et seq.
Requirements for smoking or nonsmoking area
Employers may stipulate how close to building entrances employees may smoke.
Nondiscrimination law
Employers may not discharge or discriminate against a worker who complains or gives information to the state labor department about a violation or causes proceedings to be instituted against an employer.
Notice posting requirement
Where the law permits smoking, person having control of such area must prominently post signs which read: “Warning: Smoking Permitted.”
Exceptions to policy
Private homes not used for child care or daycare, autos not used for transportation of children, private social functions and fundraisers, limousines under private hire, and up to 25 percent of lodging rooms.
For in-depth analysis of this topic, see Smoking.
(Change state)
DC
Policy and type of workplace regulated
Smoking prohibited in all workplaces and most public places, including government buildings and vehicles; educational facilities; healthcare facilities; stores and malls; groceries; restaurants, bars, and taverns; theaters and arenas; and public transportation vehicles and stations.
Citation: D.C. Code § 7-741 et seq.
Requirements for smoking or nonsmoking area
D.C. employers are required to maintain a written smoking policy that designates an area where smoking may be permitted that must either be a separate room or have a physical barrier to minimize smoke in the nonsmoking area. Ashtrays are prohibited in all public places.
Nondiscrimination law
Employers may not refuse to hire, discriminate against, or discharge on the basis of tobacco use unless abstention from tobacco is a bona fide occupational qualification.
Notice posting requirement
“No Smoking” signs must be posted at entrances, restrooms, stairwells, elevators, etc. All employees must be notified both orally and in writing with conspicuous postings of an employer’s smoking policy within three weeks of adoption.
Exceptions to policy
Retail tobacco stores and tobacco bars; designated hotel and motel rooms.
For in-depth analysis of this topic, see Smoking.
(Change state)
FL
Policy and type of workplace regulated
Banned in enclosed indoor public places and workplaces and in common areas. Prohibited in government buildings; educational facilities; healthcare facilities and nursing homes; retail and grocery stores; restaurants, bars, and country clubs; libraries; bowling alleys; arenas; charitable, nonprofit, or veterans’ organizations; private residences during daycare or healthcare use; and airports except in designated smoking lounges.
Citation: Fla. Stat. § 386.201 et seq.
Notice posting requirement
“No Smoking” signs to be displayed and maintained in enclosed public places and workplaces. Previously designated smoking rooms must now be posted as “Smoking Prohibited.”
Exceptions to policy
Private offices, private homes not used for child care or adult care, tobacco shops and businesses, designated guest rooms at hotels and lodging establishments; private social functions not under control of proprietor, noncommercial activities at membership organizations, outdoor patios at restaurants, and stand-alone bars with less than 10% gross income from sale of food.
For in-depth analysis of this topic, see Smoking.
(Change state)
GA
Policy and type of workplace regulated
Smoking is prohibited in all enclosed public workplaces and within 25 feet of such areas. Smoking is banned in public and private places of employment, except in designated smoking areas, and in lobbies, elevators, and restrooms; common areas of hotels, motels, and multiple-unit residential facilities; stores and malls; educational and childcare facilities, healthcare facilities; theaters, bingo halls, sports arenas; and public transportation vehicles and facilities.
Citation: GA Code § 31-12A-1 et seq.
Requirements for smoking or nonsmoking area
Ashtrays and smoking paraphernalia must be removed from all areas where smoking is prohibited. Designated smoking rooms must be in nonwork areas and separately ventilated to outside. The designated smoking area may only be used by employees.
Notice posting requirement
The owner, operator, or manager of a facility must post conspicuous signs bearing the words “no smoking” or the international no smoking signs at every entrance.
Exceptions to policy
Outdoor places of employment, tobacco manufacturing businesses and stores, bars and restaurants not admitting persons under the age of 18; designated meeting rooms in privately owned facilities; not more than 20% of hotel or motel rooms, designated rooms in nursing homes and long-term care facilities; smoking areas of international airports.
Major cities/counties with workplace smoking laws
Several counties and municipalities have ordinances regarding smoking in the workplace, but some may be repealed now that a statewide law has gone into effect.
For in-depth analysis of this topic, see Smoking.
(Change state)
HI
Policy and type of workplace regulated
Smoking prohibited in enclosed areas open to the public, enclosed or partially enclosed workplaces (including restaurants, bars, and nightclubs), government buildings and vehicles, public and private schools and educational facilities, healthcare facilities, public transportation vehicles and facilities, and within 20 feet of entrances to areas where smoking is prohibited. Smoking is prohibited on commercial boats within three miles of shore.
Citation: Haw. Rev. Stat. § 328J-1 et seq.
Notice posting requirement
Signs bearing “Smoking Prohibited by Law” or the international No Smoking symbol are to be posted in clearly visible places near entrances to areas where smoking is prohibited.
Exceptions to policy
Outdoor areas of employment, retail tobacco stores, hotel and motel rooms designated as smoking permitted, and designated residential rooms in nursing homes and long-term care facilities, correctional facilities.
For in-depth analysis of this topic, see Smoking.
(Change state)
ID
Policy and type of workplace regulated
Smoking prohibited in public places, including indoor places of business and commerce, government buildings, public meetings, educational facilities, healthcare facilities and common rooms of nursing homes, and on public transportation vehicles.
Citation: Idaho Code § 39-5501 et seq.; Executive Order 2005-10.
Requirements for smoking or nonsmoking area
Designated smoking areas must be posted and enclosed and ventilated to minimize the effect of smoke in adjacent nonsmoking areas.
Notice posting requirement
Where smoking is allowed, “Warning: Smoking Permitted” signs to be posted at entrances.
Exceptions to policy
Businesses with five or fewer employees not minors, private homes when used for daycare business, some taverns and bars, private social functions, tobacco shops, designated rooms in hotels and motels, nursing and veterans’ homes, and charter buses.
For in-depth analysis of this topic, see Smoking.
(Change state)
IL
Policy and type of workplace regulated
Prohibited in all workplaces and all indoor public places and public vehicles, government buildings and vehicles, bars and taverns, restaurants and eating facilities, casinos, educational and childcare facilities, healthcare facilities, and within 15 feet of doors, windows, and ventilation intakes.
Citation: IL Comp. Stat. Ch. 30 § 805/8.31; Ch. 410 § 82/1 et seq.; Ch. 820 § 55/, Public Act 095-1029.
Nondiscrimination law
Employer may not discriminate against smokers for off-duty tobacco use. However, employers may impose distinctions for smokers for health, disability, and life insurance policies.
Notice posting requirement
“No Smoking” signs or international no-smoking symbol at entrances to areas covered by the Act.
Exceptions to policy
Home offices not open to public, retail tobacco shops and tobacco businesses, up to 25% of hotel and motel rooms, residential rooms in nursing homes when written request is filed.
Major cities/counties with workplace smoking laws
The Smoke Free Illinois Act allows local regulation of public places and workspaces as long as the regulation is no less restrictive than the state act.
For in-depth analysis of this topic, see Smoking.
(Change state)
IN
Policy and type of workplace regulated
Smoking prohibited in enclosed public places and workplaces, including restaurants, nursing facilities, and mental health facilities.
Citation: Ind. Code § 16-41-37-1 et seq., § 22-5-4-1 et seq.
Nondiscrimination law
Employers other than religious organization may not discriminate on the basis of off-duty tobacco use or make not smoking a condition of employment. Employer may offer financial incentives to nonsmokers.
Notice posting requirement
Effective July 1, 2012, employers must post a notice at each public entrance that reads "State Law Prohibits Smoking Within 8 Feet of this Entrance" or other similar language. Also, employers must inform employees and prospective employees that smoking is prohibited at the place of employment. The owner, operator, manager, or official in charge of a public place must post conspicuous signs that read "Smoking Is Prohibited By State Law" or other similar language.
Citation: Ind. Code Sec. 7.1-5-12.
Exceptions to policy
Bars and taverns; casinos and licensed gaming facilities (riverboats, horse racing tracks); cigar bars and hookah bars; and private clubs and fraternal organizations without patrons under age 21. Tobacco manufacturers and retail tobacco stores also exempt.
Major cities/counties with workplace smoking laws
The following Indiana cities have enacted bans on smoking in the workplace: Bloomington, Indianapolis, Plainfield, Kokomo, West Lafayette, Carmel, Fort Wayne, Evansville, Valparaiso, Greencastle, and Zionsville. Indianapolis has also expanded its smoking ban to include bars and restaurants, hotels and motels, and bowling alleys.
For in-depth analysis of this topic, see Smoking.
(Change state)
IA
Policy and type of workplace regulated
Prohibited in public places, including enclosed indoor workplaces; government buildings, vehicles, and grounds; healthcare facilities and grounds; educational and childcare facilities and grounds; bars and restaurants and their outdoor seating areas; retail stores and malls; entertainment facilities, arenas, and stadiums, including outdoor seating areas; public transportation vehicles and facilities.
Citation: Iowa Code Ann. § 142D.1 et seq.
Notice posting requirement
Signs posted in facilities and vehicles must bear the international no-smoking symbol or “No Smoking,” the Smokefree Air Act website (www.IowaSmokefreeAir.gov), and the Smokefree Air Act Helpline (888-944-2247).
Exceptions to policy
Designated hotel/motel rooms; designated rooms in veterans’ homes, National Guard facilities, long-term care facilities, and correctional facilities; private clubs with no employees; gaming floors of casinos; farm vehicles and private limos occupied only by smokers; tobacco stores.
For in-depth analysis of this topic, see Smoking.
(Change state)
KS
Policy and type of workplace regulated
Smoking prohibited in public places and places of employment, including restaurants and bars, and within 10 feet of doorways and air intakes; common areas in public and private buildings, condominiums, and other multiple-residential facilities; and public transportation vehicles, including taxicabs and limousines.
Citation: Kan. Stat. Ann. 21-4009 et seq.
Nondiscrimination law
Employers may not discharge, refuse to hire, or retaliate against employees or applicants who report violations of the law. Also, tobacco use is prohibited in any school building.
Citation: Kan. Stat. Ann. 21-6112(f).
Notice posting requirement
Employers are required to adopt and maintain a written smoking policy reflecting the law and must post signs in a conspicuous place displaying the international no-smoking symbol and stating that state law prohibits smoking. Any person who owns, manages, operates, or otherwise controls the use of any area where smoking is prohibited can be subject to fines for allowing smoking to occur if such person has knowledge that smoking is occurring and recklessly permits the smoking under the totality of the circumstances.
Citation: Kan. Stat. Ann. 21-6111, 6112.
Exceptions to policy
Designated rooms in hotels and motels, long-term and adultcare facilities; Class A and B private clubs; tribal casinos; lottery and racetrack gaming areas; tobacco stores; outdoor areas of any building or facility; private homes or residences.
Citation: Kan. Stat. Ann. 21-6110.
Major cities/counties with workplace smoking laws
Any Kansas city or county is free to regulate smoking, so long as the regulation chosen is at least as strong as state law. If a city or county enacts such a regulation, the more stringent local regulation controls over state law to the extent of any inconsistency. Kan. Stat. Ann. 21-6114. Several of the state’s larger cities also have smoking ordinances that may affect the workplace.
For in-depth analysis of this topic, see Smoking.
(Change state)
KY
Policy and type of workplace regulated
Restricted to designated indoor smoking areas or outside smoking areas in executive branch agencies and state-owned or state-leased space, including state schools and correctional facilities.
Citation: KRS §§ 61.165, 438.050, 344.040 et seq.
Nondiscrimination law
Employers may not refuse to hire, discriminate, discharge, or segregate employees on the basis of off-duty tobacco use if an employee complies with workplace policy. However, a difference in employee contribution rates for smokers and nonsmokers in relation to an employer- sponsored health plan shall not be deemed an unlawful practice. Likewise, an employer offering incentives or benefits to employees who participate in a smoking cessation program shall not be deemed an unlawful practice.
Notice posting requirement
Smoking or no-smoking areas must be posted with appropriate signs.
Major cities/counties with workplace smoking laws
Lexington/Fayette County has an ordinance prohibiting smoking in certain buildings open to the public, including most restaurants, bars, and shopping malls. It also prohibits smoking outside those buildings unless the smoke is prevented from seeping back into the building. (LFUCG Code Ord. §§ 14-97 to 14-104.) Louisville/Jefferson County: Smoke Free Law, Ordinance No. 123-2005, LMCO 90.03 prohibits smoking in all public buildings with the exception of dwellings and tobacco businesses. Other cities and towns with anti-smoking measures: Bardstown, Bowling Green, Campbellsville, Clark County, Danville, Glasgow, Hardin County, Kenton County, London, Madison County, Paintsville, Pikeville, Prestonsburg, Radcliff, Morehead, Georgetown, Letcher County, Paducah, Ashland, Henderson, Frankfort, Elizabethtown, and Oldham County.
For in-depth analysis of this topic, see Smoking.
(Change state)
LA
Policy and type of workplace regulated
Prohibited in all public buildings and vehicles and indoor workplaces with one employee, including healthcare facilities; educational facilities; entertainment and sports facilities; hotel and motel lobbies; and restaurants, bars, and casino eating areas.
Citation: La. Rev. Stat. § 40:1300.251-262, § 23:966, SB 742.
Requirements for smoking or nonsmoking area
No ashtrays in facilities where smoking is prohibited.
Nondiscrimination law
Employer may not discriminate on the basis of tobacco use during nonworking hours, or make it a condition of employment.
Notice posting requirement
Employers must post smoking prohibited areas with appropriate signs.
Exceptions to policy
Outdoor workplaces, free-standing bars, cigar bars, gaming areas of casinos, tobacco businesses, 50% of hotel and motel rooms, private limos.
Major cities/counties with workplace smoking laws
New Orleans.
For in-depth analysis of this topic, see Smoking.
(Change state)
ME
Policy and type of workplace regulated
Employers must develop policy that prohibits smoking in indoor areas, anywhere that would allow smoke to circulate into enclosed areas, and outdoors, except within designated smoking areas. Ban applies to all workplaces except for certain veterans clubs under limited circumstances. Ban for personal residences or residential facilities only applies during the time that employees are physically present.
Citation: 22 M.R.S.A. § 1580-A.
Requirements for smoking or nonsmoking area
Designated smoking areas must be at least 20 feet from entryways, vents, and doorways.
Citation: 22 M.R.S.A. § 1580-A.
Nondiscrimination law
Employer may not discharge, discipline, or discriminate in any way against smokers for off-duty tobacco use as long as they comply with workplace smoking policy.
Notice posting requirement
Smoking policies must be posted in workplaces.
Exceptions to policy
Ban applies to all workplaces except for certain veterans clubs under limited circumstances. Ban applies to work performed in personal residences or residential facilities only during the time that employees are physically present.
Citation: 22 M.R.S.A. § 1580-A.
For in-depth analysis of this topic, see Smoking.
(Change state)
MD
Policy and type of workplace regulated
Smoking is prohibited in all indoor workplaces and places open to the public, including bars and taverns, restaurants, social clubs, and fraternal organizations and on mass transportation vehicles. Smoking outside of public buildings and workplaces must be away from entrances, windows, and air intakes. Smoking is prohibited in all buildings and vehicles owned or operated by the state.
Citation: Md. Code Ann., Health- Gen. § 24-501 et seq.; Md. Code Ann., Lab. & Empl. § 5-608, Exec. Order 01.01.1992.20.
Requirements for smoking or nonsmoking area
Employers may but aren’t obligated to permit smoking in a designated area meeting the following conditions: (1) Area must have solid walls, a ceiling, and a closable door, walls tightly joining the floor and ceiling, and openings to adjacent enclosed workplaces must be limited and the ventilation system must exhaust directly to the outdoors without recirculating air to no-smoking areas; (2) the designated smoking area may not be a location where employees other than custodial or maintenance staff work; and (3) the designated smoking area must be under negative pressure sufficient to prevent smoke from migrating to enclosed work areas.
Notice posting requirement
The Act requires that signage be posted in areas where smoking is prohibited.
Exceptions to policy
Tobacco stores and businesses; 25% of hotel and motel rooms; vehicles occupied by only one person when used in the course of employment; in certain analytical research laboratories where smoking is necessary for the research conducted.
Major cities/counties with workplace smoking laws
Annapolis (Annapolis Municipal Code § 11.12.100 et seq.); Baltimore City (Baltimore City Code § 12-101 et seq.).
For in-depth analysis of this topic, see Smoking.
(Change state)
MA
Policy and type of workplace regulated
Prohibited in indoor public places, public vehicles and terminals, and indoor public and private workplaces. Prohibited in any building owned or occupied by the state. Prohibited in schools and colleges, healthcare facilities, museums and libraries, food stores, and restaurants and bars. Prohibited on public elevators.
Citation: MA Gen. Laws Ch. 270 § 22, Ch. 272 § 43A, Ch. 41 § 101A.
Nondiscrimination law
It is not discriminatory for employers to charge higher health insurance premiums to smokers.
Notice posting requirement
Owners and employers must post conspicuous no-smoking signs at each entrance of a building where smoking is prohibited, and employers must post smoking policy.
Exceptions to policy
The following are the limited exceptions to the law: (1) private residences except when the residence is being used to operate a group child-care center, school-age daycare center, school-age day or overnight camp, a health care related office or a facility licensed by the office of child care services; (2) private clubs and fraternal organizations while closed to either the public or nonmembers who aren’t invited guests; (3) guest rooms in hotels, motels, or similar accommodations that have been designated as smoking rooms; (4) retail tobacco stores that prohibit entry to anyone under 18; (5) smoking or cigar bars that derive a majority of their revenue from tobacco sales and are granted permission to allow smoking from the Department of Revenue; (6) a theatrical performance on stage or in the course of a professional film production if the smoking is part of the performance and if permission has been obtained from the appropriate local authority; (7) a person, organization or other entity conducting medical or scientific research on tobacco products if the research is conducted in an enclosed space not open to the public, in a laboratory facility at an accredited college or university or in a professional testing laboratory; (8) religious ceremonies where smoking is part of the ritual; (9) tobacco farmers, leaf dealers, manufacturers or wholesaler distributors may permit smoking in the workplace for the sole purpose of testing the tobacco for quality assurance purposes; (10) nursing homes and acute care substance abuse treatment centers under the jurisdiction of the commonwealth that have received approval from the local board of health may have a designated smoking area for permanent residents only.
Major cities/counties with workplace smoking laws
Some cities and towns, including Boston, Newton, Cambridge, and Brookline, have passed local ordinances that address smoking in the workplace.
For in-depth analysis of this topic, see Smoking.
(Change state)
MI
Policy and type of workplace regulated
With only a few limited exceptions, Michigan’s Dr. Ron Davis Law bans smoking statewide in all enclosed, indoor workplaces in Michigan, as well as the outdoor patios of bars and restaurants.
Citation: Mich. Comp. Laws Ann. § 333.12601 et seq., Exec. Order 1992-3.
Requirements for smoking or nonsmoking area
No ashtrays or equipment or furnishing related to smoking allowed where smoking is prohibited.
Notice posting requirement
Signs must be posted stating that smoking in public places is prohibited.
Exceptions to policy
Native American casinos; gaming floors of Detroit casinos, home offices, commercial trucks and vehicles, cigar bars and tobacco shops in existence before May 2010.
For in-depth analysis of this topic, see Smoking.
(Change state)
MN
Policy and type of workplace regulated
Prohibited in almost all indoor areas used by the public, including indoor office and industrial workplaces with two or more individuals and home offices with one or more employees. Smoking is also prohibited in public transit and commercial vehicles with more than one person inside.
Citation: Minn. Stat. Ann. § 144-412 to § 144.417.
Requirements for smoking or nonsmoking area
No ashtrays or smoking receptacles in areas where smoking is prohibited.
Nondiscrimination law
Employer may not discharge employee on the basis of lawful off-duty conduct, unless restriction is reasonably related to employment.
Notice posting requirement
“No smoking” signs must be posted immediately inside all entrances of a facility covered under the law.
Exceptions to policy
Outdoor workplaces, family farm workplaces with fewer than two nonfamily employees, construction and farm vehicles, trucks over 26,000 pounds, truck-loading docks, tobacco shops.
Major cities/counties with workplace smoking laws
The Minnesota Clean Indoor Air Act, M.S.A. § 144.411 et seq. prohibits smoking in virtually all indoor workplaces. Some institutions, such as the University of Minnesota, have also banned smoking within a given distance from building entrances.
For in-depth analysis of this topic, see Smoking.
(Change state)
MS
Policy and type of workplace regulated
Prohibited in buildings owned and operated by state and local governments and public agencies; childcare facilities; schools, school-sponsored events, and public sports facilities used by those under age 18; college and university classrooms and grounds. Not regulated in private workplaces, including restaurants.
Citation: Miss. Code, § 29-5-161.
Nondiscrimination law
Employers may not require that employees or applicants refrain from tobacco during off work hours, but may make distinctions for smokers on price of insurance coverage.
Notice posting requirement
Appropriate “Smoking” or “No Smoking” signs must be conspicuously posted.
Exceptions to policy
Smoking permitted in noninstructional areas of state colleges and designated rooms in state veterans’ homes.
Major cities/counties with workplace smoking laws
Various municipalities or counties have smoking bans that regulate smoking in public places (Miss. Code Ann. § 29-5-163).
For in-depth analysis of this topic, see Smoking.
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MO
Policy and type of workplace regulated
Restricted to designated smoking areas (DSAs) in enclosed public places, including public and private-sector workplaces, commercial establishments, healthcare facilities, and restaurants seating 50 or more people. Prohibited in buildings owned or operated by the state, public conveyances, restrooms and elevators, schools and school buses, and daycare and childcare facilities. Bars and taverns with less than 10% revenue from food sales may declare themselves entirely smoking permitted.
Citation: Mo. Rev. Stat. Clean Indoor Air Act, § 191.765 et seq., § 290.145.
Requirements for smoking or nonsmoking area
DSAs are not required. Existing barriers and ventilation must be used and seating arranged to isolate designated smoking areas. No more than 30 percent of an entire space may be designated as a smoking area in any public place.
Nondiscrimination law
Employers may not refuse to hire, discharge, or discriminate on the basis of off-duty tobacco use unless it interferes with the employee’s performance or employer’s business.
Notice posting requirement
Smoking and nonsmoking areas to be posted with appropriate, unobscured signs at all entrances.
Exceptions to policy
Tobacco stores; limousines and taxis if all passengers agree to smoking; restaurants seating fewer than 50 people; bars and taverns where not more than 10% of gross sales is from food; bowling alleys and billiard parlors. Residential rooms in dormitories on state campuses.
For in-depth analysis of this topic, see Smoking.
(Change state)
MT
Policy and type of workplace regulated
Prohibited in all enclosed public places, public and private workplaces, vehicles used as workplaces, schools and childcare facilities, healthcare facilities, stores, restaurants and taverns, casinos and bingo halls, public transportation vehicles and terminals.
Citation: Mont. Code Ann. Clean Indoor Air Act, § 50-40-101 et seq., § 39-2-313.
Nondiscrimination law
Employers may not discriminate on the basis of off-duty use of tobacco, but may make distinctions on price of insurance coverage.
Notice posting requirement
Businesses must post no smoking signs at pubic entrances.
Exceptions to policy
35% of hotel and motel rooms; sites of religious ceremonies of Native Americans. Private residences are exempt unless they serve as day-care centers, group homes, or adult foster care homes.
For in-depth analysis of this topic, see Smoking.
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NE
Policy and type of workplace regulated
Smoking prohibited in all public places, places of employment, educational and childcare facilities, healthcare facilities, restaurants and bars, auditoriums and arenas, gaming facilities, and public transportation vehicles and facilities.
Citation: Neb. Rev. Stat. Clean Indoor Air Act, § 71-5716 et seq.
Requirements for smoking or nonsmoking area
No designated smoking areas or ashtrays, or smoking receptacles allowed in places where smoking is banned under law. Business may post outdoor areas as smoking prohibited.
Nondiscrimination law
Employers may screen out new employees who are smokers.
Notice posting requirement
Clearly visible “No smoking” or the international no-smoking symbol must be posted at all entrances used by the public.
Exceptions to policy
Cigar bars, tobacco shops and retail outlets, designated 20% rooms in hotels and motels.
Major cities/counties with workplace smoking laws
Lincoln has adopted an ordinance that prohibits smoking in bars and restaurants, which is more restrictive than state law.
For in-depth analysis of this topic, see Smoking.
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NV
Policy and type of workplace regulated
Prohibited in indoor public places and all public and private places of employment, government buildings, state college campuses, schools and school property, childcare facilities, healthcare facilities, grocery stores and convenience stores, retail stores and malls, theaters and arcades, indoor restaurants and their kitchens, and indoor bars that serve food.
Citation: Nev. Rev. Stat. § 202.2483 et seq., Nev. Rev. Stat. § 613.333.
Requirements for smoking or nonsmoking area
Ashtrays and smoking paraphernalia not allowed in areas where smoking is prohibited.
Nondiscrimination law
Employers may not refuse to hire, discharge, or discriminate on the basis of lawful off-duty tobacco use unless it interferes with the safety of other employees.
Notice posting requirement
Appropriate and conspicuous signs at all entrances.
Exceptions to policy
Casino gaming floors; hotel and motel rooms; stand-alone bars, saloons, and taverns not serving food; brothels and strip clubs; retail tobacco stores, and home offices in private residences. Smoking is also permitted at certain tobacco-related trade shows.
For in-depth analysis of this topic, see Smoking.
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NH
Policy and type of workplace regulated
Smoking is prohibited in public educational facilities; licensed childcare agencies; acute-care facilities; grocery stores; public conveyances; and restaurants and cocktail lounges, including those within resorts, hotels, and motels. In all other enclosed places of public access and publiclyowned buildings and offices (including workplaces), smoking is permitted only in designated areas; where smoking can’t effectively be segregated, it is prohibited in such an enclosed space.
Citation:N.H. R.S.A. § 155.64 et seq., § 275:37-a.
Requirements for smoking or nonsmoking area
Employers may permit smoking in a designated area, if the area can be effectively segregated (meaning procedures for fairly and accurately determining preference have been followed; size and location of the area is designed so smoke doesn’t cause harm or unreasonably intrude into the area occupied by non-smoking persons; and, in buildings with ventilation systems, the designated area is proximate to the vent).
Citation: N.H. R.S.A. § 155.65, 155:66
Nondiscrimination law
Employer may not require abstention from tobacco outside the workplace as long as employee complies with workplace smoking policy pursuant to the Indoor Smoking Act.
Citation: N.H. R.S.A. § 275:37-a
Notice posting requirement
Signs must be appropriately placed to indicate smoking restrictions and designated smoking areas. Workplace smoking policy must be posted or otherwise provided.
Citation: N.H. R.S.A. § 155.68.
Exceptions to policy
Rented public conveyances; buildings owned by social, fraternal, or religious organizations and private events therein; hotel, motel, and resort guest rooms and other rooms therein when rented for private events; resident rooms in college dormitories, public housing facilities, nursing homes, and prison and detention facilities; non-acute-care facilities; and patients with a prescription, in certain circumstances.
Citation: N.H. R.S.A. § 155.67.
For in-depth analysis of this topic, see Smoking.
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NJ
Policy and type of workplace regulated
Smoking prohibited in indoor public places; public or private workplaces with any employees; state and municipal buildings; educational and childcare facilities; healthcare facilities; entertainment and sports venues; restaurants, bars, and clubs; public transportation vehicles and facilities; and public parking areas.
Citation: N.J. Stat. Ann. Ch. 184 § 26:3D-55 et seq., § 34:6B-1 et seq.
Nondiscrimination law
Employers may not discriminate against applicants or employees because they do or do not smoke or use tobacco products unless directly related to responsibilities of the job.
Notice posting requirement
“No Smoking” signs must be prominently displayed and note that violators will be fined.
Exceptions to policy
Private homes and vehicles, tobacco stores and businesses, cigar bars, 20% of lodging rooms, gaming areas of casinos, and simulcast facilities.
For in-depth analysis of this topic, see Smoking.
(Change state)
NM
Policy and type of workplace regulated
Smoking banned in virtually all enclosed indoor spaces, public places (including restaurants and bars), workplaces, and means of public transit.
Citation: N.M. Stat. Ann. § 24-16-1 et seq., § 50-11-1.
Requirements for smoking or nonsmoking area
Designated outdoor smoking areas are permitted if properly posted and away from entrances and air intakes.
Nondiscrimination law
Employer may not fire or discriminate on the basis of tobacco use, provided employees comply with applicable laws and workplace policies.
Notice posting requirement
Employers must post “No Smoking” signs at each entrance. Employers must post workplace smoking policy.
Exceptions to policy
Posted outdoor smoking areas, 25% of lodging rooms, private clubs, gaming areas of casinos, bingo parlors, tobacco stores and manufactures, cigar bars.
Major cities/counties with workplace smoking laws
The Albuquerque Clean Indoor Air Ordinance expands the provisions of the Clean Indoor Air Act to prohibit smoking in businesses with fewer than two employees, in private homes where child care, adult care, or health care is provided; and at the city zoo. (Albuquerque Code of Ordinances §§ 9-5-5-1 through 9-5-5-99.)
For in-depth analysis of this topic, see Smoking.
(Change state)
NY
Policy and type of workplace regulated
Prohibits smoking in all enclosed public indoor spaces and workplaces, on public transportation vehicles, and in boarding and waiting areas. Businesses with any employees, schools and colleges (including dormitories), commercial establishments (including bars and restaurants), nonresidential healthcare facilities, and educational facilities are included. New York City has its own Smoke-Free Air Act.
Citation: New York Public Health Law Art. 13-E, § 1399-n et seq.
Requirements for smoking or nonsmoking area
Businesses may not offer separate designated smoking areas. Areas designated for employees to smoke outdoors must be located away from routes for entering facilities or restrooms.
Nondiscrimination law
Employer may not refuse to hire or license, discipline, discharge, or otherwise discriminate on the basis of off-duty use of lawful products. Employers may distinguish among employees in offering health, disability, and life insurance based on use of tobacco products.
Notice posting requirement
“No Smoking” signs or pictorials must be placed at each entrance to an enclosed workplace. Smoking policy to be posted and copy to be provided to employee on request.
Exceptions to policy
Private hotel rooms, private rooms of residential healthcare and mental health facilities, designated rooms in adult daycare facilities, membership associations without paid employees, tobacco stores, cigar bars, outdoor, uncovered dining areas of restaurants, and tobacco sampling event facilities.
Major cities/counties with workplace smoking laws
New York City passed its own version of the Clean Indoor Air Act, known as the Smoke-Free Air Act, which (1) prohibits smoking in virtually all businesses or establishments with employees, subject to largely the same exceptions as apply under New York’s Clean Indoor Air Act. N.Y.C. Code § 17-504, and (2) requires employers to maintain written smoking policies, which include (a) a statement reflecting the prohibition on smoking in the workplace, (b) a statement that employees will not be retaliated against for attempting to enforce the policy, and (c) a process for the adequate redress of any adverse personnel action taken against the employee due to the employee’s attempt to exercise his or her rights under the N.Y.C. statute.
For in-depth analysis of this topic, see Smoking.
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NC
Policy and type of workplace regulated
Prohibited in state occupied buildings and vehicles and in public schools and grounds. Limited to designated areas in public places and in public workplaces including buildings owned, leased, or occupied by the state government; hospitals, nursing homes, and state-controlled mental health facilities; public schools including community colleges; and daycare centers.
Citation: N.C. Gen. Stat., art. 64, § 143-595 et seq. and 130A-491 et seq.; art. 3, Ch. 95, § 95-28.2.
Requirements for smoking or nonsmoking area
At least 20% of indoor space is to be smoking-permitted, if feasible. Where a no-smoking area is designated, existing barrier and ventilation systems should be used.
Nondiscrimination law
Employers may not fail to hire, discharge, or discriminate on the basis of off-duty use of tobacco products. Employers may charge higher insurance rates to smokers with written notice.
Notice posting requirement
Persons in charge of buildings must post signs designating smoking or no-smoking areas appropriately.
Exceptions to policy
Private residences and vehicles, tobacco shops and businesses, bars and cigar bars, private clubs, bowling alleys, factories and warehouses, hotel rooms, and private, enclosed offices occupied only by smokers.
For in-depth analysis of this topic, see Smoking.
(Change state)
ND
Policy and type of workplace regulated
Effective December 6, 2012, North Dakota law prohibits smoking of tobacco products and use of electronic smoking devices in public places, including places of employment, in public vehicles, and in certain areas outside these buildings.
Citation: N.D. Cen. Code § 23-12-09 et seq., § 14.02.4-01, Exec. Order No. 1990-2.
Nondiscrimination law
Public and private employers may not discriminate on the basis of lawful activity during nonwork hours.
Notice posting requirement
“No Smoking” signs must be posted wherever areas are designated.
Exceptions to policy
Outdoor areas of employment, outdoor smoking areas, tobacco businesses, designated rooms in hotels, motels, and truck stops, private functions not open to the public, including religious ceremonies of Native Americans.
Major cities/counties with workplace smoking laws
The city of Minot requires restaurants with enclosed areas where smoking is permitted to have those areas served by a separate heating, ventilation, and air-conditioning system designed to exchange air directly and exclusively with the outside atmosphere. Minot City Ord. § 16-4(c)(6).
The cities of Fargo and Bismarck prohibit smoking in most indoor workplaces, including truck stops and bars. The city of Grand Forks prohibits smoking in all indoor and outdoor areas of restaurants, within five feet of an entrance/ exit to a public place or place of employment, or any area designated as nonsmoking by a business, employer, or a person in control of a public place or place of employment. An owner, proprietor, or other person in charge of a public place or place of employment must clearly post “no smoking” signs. Bismarck City Ord. §§ 5-12-01 through 5-12-05; Grand Forks City Ord. §§ 13-1102 through 13-1105.
For in-depth analysis of this topic, see Smoking.
(Change state)
OH
Policy and type of workplace regulated
Prohibited in public places, including restaurants and bars, and public vehicles, and public and private places of employment. Prohibited in private homes when used for child care. Prohibited immediately outside entrances and in parking garages. Building managers may prohibit in outdoor areas.
Citation: OH Rev. Code § 3794.01 et seq., OH Admin. Code § 3701-52-01.
Notice posting requirement
“No Smoking” signs bearing the enforcement phone number must be posted at entrances to all facilities regulated by law.
Exceptions to policy
Private clubs; outdoor patios of restaurants with restrictions; designated smoking rooms in hotels, motels, and nursing homes; tobacco stores and businesses; home-based businesses not open to public; and family-owned businesses where all employees are related to owner.
Major cities/counties with workplace smoking laws
Before the statewide ban, many Ohio cities had already passed smoking bans, including Columbus, Toledo, Dublin, Worthington, Centerville, Bowling Green, Wauseon, Newark, Upper Arlington, Granville, Grandview Heights, Heath, Bexley, Powell, and Marble Cliff. The Columbus smoking ban specifically requires employers to adopt a written no-smoking policy.
For in-depth analysis of this topic, see Smoking.
(Change state)
OK
Policy and type of workplace regulated
Indoor public places and workplaces; public transportation; school, childcare or daycare facilities during operation; public areas of healthcare facilities and nursing homes. Prohibited in work areas and public areas (restrooms, lounges, etc.) of private workplaces. Restaurants may be declared entirely smoking or smoke-free.
Citation: OK Stats. § 21-1247, § 63-1-1521 et. seq., § 40-500 et seq.
Requirements for smoking or nonsmoking area
Private employers not required to have designated smoking areas. Smoking areas must be located away from work areas and existing barriers and ventilation used to minimize smoke in nonsmoking areas and air exhausted beyond 15 feet of entrances or air intakes. Smoking areas for educational facilities must be outdoors.
Nondiscrimination law
Employer may not discriminate on the basis of off-duty tobacco use unless it is a bona fide occupational requirement or part of a collective bargaining agreement.
Citation: 40 Okla. Stat. § 500.
Notice posting requirement
Smoking and nonsmoking areas to be posted with appropriate signs inside each entrance. Decals for entrances available through Oklahoma Department of Health offices.
Exceptions to policy
Private residences except when used for child care or daycare; private offices occupied by owner or family members, stand-alone bars and taverns; cigar bars; 25% of hotel and motel rooms; residential rooms in nursing homes and assisted living facilities, and veterans’ homes; and licensed bingo, gaming, and wagering facilities.
For in-depth analysis of this topic, see Smoking.
(Change state)
OR
Policy and type of workplace regulated
Smoking is not permitted in public places, public and private workplaces, and employer vehicles, or within 10 feet of workplace entrances. Included in the ban are restaurants, bars, and taverns; bowling alleys; educational facilities; and healthcare facilities.
Citation: Ore. Rev. Stat. § 433.835 et seq.
Requirements for smoking or nonsmoking area
Smoking lounges are not allowed.
Nondiscrimination law
Employer may not discriminate on the basis of off-duty tobacco use, unless abstinence is a bona fide occupational qualification or part of collective bargaining agreement.
Notice posting requirement
“No Smoking” signs must be posted inside each entrance to a public place or workplace; “No Smoking Within 10 Feet” signs must be posted outside each entrance.
Exceptions to policy
Smoke shops, cigar bars, 25% of hotel or motel rooms designated as smoking-permitted, traditional Native American ceremonies.
Major cities/counties with workplace smoking laws
Major cities in Oregon, including Portland and Eugene, prohibit smoking in places of employment. Employers may choose to designate an employee lounge for smoking, but it must not be accessible to minors; air must be vented outside and not recirculated; it must meet ventilation standards; it must be a nonwork area where no employee is required to enter; and there must be sufficient nonsmoking lounges.
For in-depth analysis of this topic, see Smoking.
(Change state)
PA
Policy and type of workplace regulated
Prohibited in enclosed indoor public places, workplaces, and commercial establishments, including educational facilities, healthcare facilities, restaurants and nightclubs, sports and recreational facilities, volunteer facilities, and public and mass transportation vehicles and stations.
Citation: PA Stat. Tit. 35 § 637.1 et seq.
Notice posting requirement
Conspicuous signs indicating where smoking is prohibited. Workplace smoking policy must be posted.
Exceptions to policy
Designated hotel and motel rooms and areas of casino floors, bars making less than 20% gross on food, private clubs with paid memberships, truck stops, tobacco stores and businesses, outdoor sporting and entertainment venues.
For in-depth analysis of this topic, see Smoking.
(Change state)
RI
Policy and type of workplace regulated
Smoking prohibited in enclosed public places and places of employment without exception, including government buildings, offices, schools, healthcare facilities, childcare and adult daycare facilities, common areas of residential retirement homes and nursing homes, public transportation vehicles and terminals, restaurants and bars, retail stores and shopping malls, theaters and sports arenas (including outdoor stadiums), state beaches, and enclosed parking facilities.
Citation: R.I. Gen. Laws § 23-20-10 et seq.
Requirements for smoking or nonsmoking area
Indoor smoking areas prohibited. An employer may designate an outdoor smoking area at least 50 feet from buildings and away from air intake vents. Casinos and parimutuel facilities may provide designated smoking areas that are separately vented.
Nondiscrimination law
Employers may not refuse to hire, discharge, or discriminate against an employee because he or she smokes or uses tobacco products outside of work.
Notice posting requirement
Covered places of employment must post conspicuous signs near eye level at entrances clearly stating: “It Is Illegal to Smoke in This Establishment. To report a violation, call 401-222-3293.” Employers must post a written smoking policy.
Exceptions to policy
Hotel and motel rooms designated as smoking-permitted, residential rooms and designated areas in nursing homes, facilities owned by private membership corporations, tobacco stores, and smoking bars.
For in-depth analysis of this topic, see Smoking.
(Change state)
SC
Policy and type of workplace regulated
Prohibited in state government buildings and healthcare facilities, except in enclosed private offices and legally designated smoking areas. Prohibited in public schools, preschools, and childcare facilities, and on school buses and public transportation vehicles.
Citation: S.C. Ann. Code, § 44-95-10 et seq., § 41-1-85.
Requirements for smoking or nonsmoking area
Existing barriers and ventilation must be used to attempt to keep smoke from impinging on nonsmoking areas.
Nondiscrimination law
Employers may not make the use of tobacco products outside the workplace the basis of any personnel action. Testing for nicotine is prohibited.
Notice posting requirement
Smoking and nonsmoking areas to be posted with appropriate signs.
Exceptions to policy
Enclosed private offices and teacher’s lounges in public schools and healthcare facilities.
For in-depth analysis of this topic, see Smoking.
(Change state)
SD
Policy and type of workplace regulated
No person may smoke tobacco or carry any lighted tobacco product in any enclosed area where the public is permitted or place of employment. A violation of this law is a petty offense.
Citation: SDCL § 34-46-14, § 34-46-13.
Nondiscrimination law
Employer may not discriminate on the basis of off-duty tobacco use unless abstinence is reasonably related to employment activities.
Citation: SDCL § 60-4-11.
Exceptions to policy
There is an exception for cigar bars and tobacco shops that meet certain requirements. There is also an exception for hotel rooms designated as smoking rooms.
Citation: Cigar bars & tobacco shops: § 34-46-18, § 34-46-19. Hotel rooms: § 34-46-17.
Major cities/counties with workplace smoking laws
Aberdeen, Sioux Falls, and Pierre have ordinances prohibiting smoking in city buildings.
Citation: Aberdeen Code of Ordinances § 26-87, Pierre Code of Ordinances § 7-5-101, Revised Ordinances of Sioux Falls § 26-17.
For in-depth analysis of this topic, see Smoking.
(Change state)
TN
Policy and type of workplace regulated
Smoking prohibited in enclosed public places, including public and private workplaces, public and private educational institutions, stores, healthcare facilities, childcare and adult daycare facilities, retail stores and malls, theaters and sporting venues, video casinos and gaming establishments, public transportation vehicles and their related facilities, and in restaurants, including bars within restaurants. There is no distance requirement, but smoke from those smoking outdoors should not be capable of infiltrating prohibited areas, and employers may set guidelines.
Citation: T.C.A. § 39-17-1801 et seq., § 50-1-304.
Requirements for smoking or nonsmoking area
Smoking is permitted at private businesses, at the discretion of the employer, with three or fewer employees in private rooms not open to the public.
Nondiscrimination law
Employer may not discriminate on the basis of off-duty tobacco use, provided employee complies with workplace policies during work time.
Citation: T.C.A. § 50-1-304.
Notice posting requirement
“No Smoking” signs or signs with the international no-smoking symbol must be conspicuously posted at entrances and throughout the area.
Exceptions to policy
Nonenclosed areas of public places not near air intakes or windows; outdoor areas of restaurants; designated rooms in hotels, motels, and nursing homes; tobacco stores that do not serve liquor; private clubs not open to public; venues not open to those under age 21.
Major cities/counties with workplace smoking laws
Cities, counties, and counties having a metropolitan form of government are specifically allowed to regulate the use of tobacco products in buildings owned or leased by such political subdivisions.
For in-depth analysis of this topic, see Smoking.
(Change state)
TX
Policy and type of workplace regulated
Smoking restricted to designated smoking areas in public places, schools, healthcare facilities, and on public transportation. Smoking prohibited in schools and childcare centers.
Citation: TX Penal Code § 48.01.
Notice posting requirement
Notices of sufficient size must be posted wherever smoking is prohibited.
Major cities/counties with workplace smoking laws
Major cities in Texas, including Dallas, Austin, and El Paso, prohibit smoking in the workplace. The Dallas ordinance, No. 25168, covers all employers with more than five employees. The Austin ordinance, Municipal Code §§ 10-6-3 and 10-6-5, covers all enclosed places of employment. The El Paso ordinance, Municipal Code § 9.50.040, covers all employers.
For in-depth analysis of this topic, see Smoking.
(Change state)
UT
Policy and type of workplace regulated
Prohibited in all government buildings, enclosed indoor public places and public and private workplaces to which the public has access, including restaurants and cafeterias, bars and taverns, and Class B and D private clubs. Prohibited in and on grounds of buildings owned, leased, or occupied by the state or any state agency. Prohibited in school buildings and on school grounds. Prohibited in common areas of hotels and motels.
Citation: Utah Code Ann. § 26-38-1 et seq.
Requirements for smoking or nonsmoking area
Designated outdoor smoking areas must be 25 feet from building entrances.
Notice posting requirement
The employer’s smoking policy must be posted in a well-traveled area of the workplace. Employers must post “smoking permitted” and “no smoking” signs at entrances advising individuals of the appropriate designated areas.
Exceptions to policy
Designated smoking areas, private residence used as a workplace, nonpublic workplaces, rooms or halls used for private social functions; guest rooms in lodging facilities, smoking areas of airport passenger terminals, Native American tribal ceremonies.
For in-depth analysis of this topic, see Smoking.
(Change state)
VT
Policy and type of workplace regulated
Prohibited from any workplace.
Citation: 18 V.S.A. §§ 1421 et seq. and 18 V.S.A. § 1741 et seq.
Requirements for smoking or nonsmoking area
Designated smoking areas are not permitted in workplaces or places of public access.
Nondiscrimination law
Employers may not discriminate against an employee who assists in supervision or enforcement of these laws.
Notice posting requirement
None required.
Exceptions to policy
Areas not commonly open to the public of owner-operated businesses with no employees. Common areas of veterans’ homes are exempt.
Citation: 18 V.S.A. § 1421(c), 1743.
For in-depth analysis of this topic, see Smoking.
(Change state)
VA
Policy and type of workplace regulated
Prohibited in schools and school buses; daycare centers; offices, buildings, and vehicles of the state administrative branch and agencies, including state colleges; local health departments, polling places, public elevators and restrooms; gasoline stations; and most bars and restaurants. Smoking is regulated in designated areas in public and private workplaces, educational facilities, healthcare facilities, and retail establishments of over 15,000 square feet.
Citation: Va. Code § 15-2-2801 et seq.; A Code § 2.2-2902, Executive Order 41.
Requirements for smoking or nonsmoking area
Person controlling building responsible for designating and posting smoking-permitted areas, which must be large enough to accommodate smokers.
Nondiscrimination law
Government employers may not discriminate on the basis of off-duty tobacco use except with police officers, firefighters, and emergency response personnel. There is no provision for private employers.
Notice posting requirement
Building owners where smoking is regulated by a local ordinance must post smoking and no-smoking signs in conspicuous view throughout facility. Restaurants and retail establishments must post signs at each public entrance.
Exceptions to policy
Private meeting rooms and offices, manufacturing facilities, warehouses, designated room in hotels and motels, tobacco stores, and facilities of the state Department of Corrections, state mental hospitals, and mental health units at state hospitals.
For in-depth analysis of this topic, see Smoking.
(Change state)
WA
Policy and type of workplace regulated
Prohibited in any public place or vehicle and all places of employment, including educational and healthcare facilities; restaurants; bars and taverns, retail, service, and recreational facilities. Prohibited within 25 feet of entrances, exits, operable windows, and air intake vents of covered buildings.
Citation: WA Rev. Code § 70.160.010 et seq.; WA Admin. Code § 296-62-1200 et seq., WA Rev. Code § 28A.21.310.
Requirements for smoking or nonsmoking area
Public authorities may prohibit smoking at designated venues.
Notice posting requirement
Conspicuous “No Smoking” signs must be posted at each entrance to public building or workplace and throughout building in retail stores and service establishments.
Exceptions to policy
Outdoor workplaces more than 25 feet from buildings covered under law, private residences when not used for child care or adult care, tribal casinos and lands.
For in-depth analysis of this topic, see Smoking.
(Change state)
WV
Policy and type of workplace regulated
Smoking is prohibited in public schools, including any building or part thereof used for instructional purposes, except that smoking is permissible in faculty and staff lounges, faculty offices, and other school areas that are not used for instructional purposes and are not accessible by students. Smoking is prohibited in underground mine shafts or slopes; in coal tipples, cleaning plants, and other mine surface structures where fire or explosion hazards exist; and in or near surface magazines used for the storage of explosives, detonators, and blasting heater elements.
Smoking is prohibited in factories, mercantile establishments, mills, and workshops in which signs are conspicuously posted over and near each principal interest, stating that no smoking is allowed.
Smoking is prohibited at medical adult day-care centers and assisted living residences in areas where and when oxygen is in use.
By statute, the West Virginia Regional Jail Authority (“RJA”) is required to prohibit the use or possession of tobacco products by inmates held in facilities operated solely by the RJA.
Moreover, most counties ban smoking in indoor public places.
Citation: W. Va. Code § 16-9A-4; W. Va. Code §§ 22A-2-70(i), 22A-2-53c(3), 22A-2-30; W. Va. Code § 21-3-8; W. Va. C.S.R. §§ 64-2-8.4.l, 64-14-7.4.l; W. Va. Code § 31-20-5b.
Nondiscrimination law
Public and private employers may not discriminate against or penalize any applicant or employee for their use of tobacco outside the workplace.
Citation: W. Va. Code § 21-3-19.
Major cities/counties with workplace smoking laws
West Virginia counties with 100 percent smokefree workplace ordinances pertaining to places of employment (not necessarily inclusive of restaurants and bars): Barbour, Berkeley, Boone, Braxton, Brooke, Cabell, Calhoun, Clay, Doddridge, Fayette, Grant, Greenbrier, Hardy, Harrison, Jackson, Jefferson, Kanawha, Lewis, Lincoln, Marion, McDowell, Mercer, Mineral, Mingo, Monroe, Morgan, Nicholas, Ohio, Pendleton, Pleasants, Pocahontas, Preston, Raleigh, Randolph, Ritchie, Roane, Summers, Tucker, Upshur, Wayne, Webster, Wirt, Wood, and Wyoming. See www.wvdhhr.org/bph/oehp/ tobacco/smokefree/html/.
For in-depth analysis of this topic, see Smoking.
(Change state)
WI
Policy and type of workplace regulated
Smoking is prohibited in all enclosed public places and workplaces, including restaurants, taverns, and bars. Smoking is prohibited in all premises controlled by school boards. Smoking is prohibited in some outdoor venues, including bus shelters and sports arenas.
Citation: Wis. Stat. Ann. § 101.123.
Requirements for smoking or nonsmoking area
No designated smoking areas permitted.
Nondiscrimination law
Employer may not discriminate on the basis of employee’s off-duty use of lawful products unless a bona fide occupational requirement.
Notice posting requirement
Nonsmoking areas to be posted with appropriate signs.
Exceptions to policy
Tobacco stores and cigar bars; residential rooms in assisted living, mental health, substance abuse facilities, and state veterans’ homes; ceremonial use.
Major cities/counties with workplace smoking laws
A number of municipalities, including Madison, have ordinances that regulate smoking in the workplace.
For in-depth analysis of this topic, see Smoking.
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WY
Policy and type of workplace regulated
Regulated in state capitol buildings to designated smoking areas; not regulated in public places or places of employment. Several cities and local municipalities have passed no-smoking ordinances.
Nondiscrimination law
Employer may not discriminate for off-duty tobacco use unless there is a bona fide occupational qualification. Employers may offer insurance differing in type or price of coverage based on use of tobacco.
Citation: Wyo. Stat. § 27-9-105 et seq.
Major cities/counties with workplace smoking laws
Burlington, Casper, Cheyenne, Evanston, Laramie, Mountain View, and Rock Springs have adopted smoking bans.
For in-depth analysis of this topic, see Smoking.
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CAN
Policy and type of workplace regulated
The federal government, the provinces (British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland and Labrador), and three territories (the Northwest Territories, Yukon, and Nunavut) have laws that require employers to prohibit smoking in enclosed workplaces. Those laws don’t require employers to provide designated smoking areas.
Citation: Federal: Non-Smokers’ Health Act. Ontario: Smoke-Free Ontario Act. British Columbia: Tobacco Control Act and Regulation 296/97 to the Workers Compensation Act. Alberta: Tobacco Reduction Act. Saskatchewan: Occupational Health and Safety Regulations, 1996 (came into force May 31, 2009); Tobacco Control Act. Manitoba: Non-Smokers’ Health Protection Act. New Brunswick: Smoke-Free Places Act. Newfoundland and Labrador: Smoke Free Environment Act, 2005. Nova Scotia: Smoke-Free Places Act. Prince Edward Island: Smoke-Free Places Act. Quebec: Tobacco Act. Northwest Territories and Nunavut: Safety Act, Environmental Tobacco Smoke Worksite Regulations. Yukon: Smoke-Free Places Act.
Major cities/counties with workplace smoking laws
Calgary and Edmonton in Alberta, Toronto in Ontario, and Fredericton in New Brunswick have municipal bylaws that affect smoking in workplaces.
For federal analysis of this topic, see Smoking.
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