Smoking and Tobacco Use in the Workplace in Alabama (AL)

No-Smoking Requirements 

Under the Alabama Clean Indoor Air Act:

• All employers must prohibit smoking in all enclosed public places (such as restaurants);
• Employers with 5 or more employees must prohibit smoking in all enclosed places of employment (except certain places with designated smoking rooms, such as bars, tobacco stores and hotel rooms); and
• Any employer may enforce a no-smoking policy in its entire establishment.   

Designated Smoking/No Smoking Areas

Employers may designate workplace areas open to the public as smoking areas as long as:

• The areas do not contain common facilities to be used by the public;
• Barriers and ventilation systems are used to minimize the toxic effects of smoke; and 
• Absent customer permission, no more than 25% of the square footage of an enclosed area is designated as a smoking area. 

Employers with a written smoking policy must include in the policy that:

• Employees have the right to designate their own work areas as no-smoking areas with employer-provided signs; and 
• All common work areas are no-smoking areas unless a majority of employees working in those areas designate a smoking area.

Posting Requirements

Employers must prominently post "no-smoking" signs in common facilities or common areas of a public place, including at each entrance that is generally accessed by patrons or employees.

If smoking is permitted by law in an area of a public space, appropriate "smoking area" signs must be posted in (and, if the space is enclosed, at the entrance of) that space.

Alaska Smoking Rules

Alaska's Smoke-free Workplace Law generally prohibits smoking and vaping in all places of employment. These places include vehicles, office buildings, offices, hotels, motels, restaurants, bars, retail stores, shopping centers and others. 

In addition, employers that are in charge of a place where smoking is prohibited must conspicuously display in the place or vehicle a sign that either:

• Reads "Smoking Prohibited by Law—Fine $50";
• Includes the international symbol for no smoking; or
• Includes the words "No Puffin" with a pictorial representation of a puffin holding a burning cigarette enclosed in a red circle crossed with a red bar.

More information and model signs are available from the Alaska Division of Public Health.

Smoking and Tobacco Use in the Workplace in Arizona (AZ)

A growing number of states have passed laws requiring employers to prohibit smoking in the workplace. The Smoke-Free Arizona Act (SFA) regulates smoking in all public places and places of employment in Arizona. 

The Arizona Department of Health Services (ADHS) enforces compliance with the SFA throughout the state. 

Smoking Restrictions

The SFA detines smoking as “inhaling, exhaling, burning, or carrying or possessing any lighted tobacco product, including cigars, cigarettes, pipe tobacco and any other lighted tobacco product.”

Under the SFA, all employers are responsible for providing a smoke-free environment for employees working in all public places and places of employment within the state of Arizona.

Cities or towns in Arizona may impose stricter local laws prohibiting smoking. Employers must follow the most restrictive laws.

Employers may also declare their entire establishment, facility or outdoor area as a non-smoking place.

Place of Employment

Unde the SFA, a place of employment means an “enclosed area under the control of a public or private employer that employees normally frequent during the course of employment,” including office buildings, work areas, auditoriums, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, cafeterias, hallways, stairs, elevators, health care facilities, private offices and vehicles owned and operated by employers during working hours when the vehicles are occupied by more than one person.

 A private residence is not a “place of employment” unless it is used as a child care, adult day care, or health care facility.

Public Spaces

Similarly, the FSA defines public space as “any enclosed area to which the public is invited or in which the public is permitted.” This definition includes airports, banks, bars, common areas of apartment buildings, condominiums or other multifamily housing facilities, educational facilities, entertainment facilities or venues, health care facilities, hotel and motel common areas, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports facilities, theaters, and waiting rooms.

A private residence is not a “public place” unless it is used as a child care, adult day care, or health care facility.

Exemptions

Smoking is permitted in the following areas:

• Private residences, except when used as a licensed child, adult care or health care facility;
• Hotel and motel rooms that are rented to guests and are designated as smoking rooms (cannot exceed 50% of the rooms);
• Retail tobacco stores that are physically separated so that smoke does not infiltrate into areas where smoking is prohibited (all space between a floor and ceiling must be enclosed on all sides by solid walls or windows, exclusive of door or passageway, and independently ventilated from smoke-free areas so that air within permitted smoking areas does not drift or get vented into smoke-free areas);
• Veterans and fraternal clubs when they are not open to the public;
• Outdoor patios (tobacco smoke must not enter areas where smoking is prohibited through entrances, windows, ventilation systems or other means);
• Theatrical performance upon a stage or in the course of a film production or television production if the smoking is part of the performance or production; and
• Native American reservations (tribes are sovereign nations).

Notification Requirement

Employers must inform all existing and prospective employees about smoking restrictions in places of employment. Prospective employees must be notified upon their application for employment.

Posting Requirement

Employers must display “no smoking” signs or the international “no smoking” symbol clearly and conspicuously at every entrance where smoking is prohibited. The ADHS has published posters employers can use to satisfy this requirement.

Additional Employer Requirements

In addition, the SFA requires employers to:

• Remove all indoor ashtrays and smoking receptacles and move all outdoor ashtrays and smoking receptacles at least 20 feet away from entrances;
• Educate all employers about the SFA and its requirements; and
• Inform any person who is smoking in violation of the SFA that smoking is illegal, and request that the smoking stop immediately.

Discrimination

Employers may not discharge or retaliate against employees because they reports or attempt to prosecute a SFA violation.

Smoking and Tobacco Use in the Workplace in Arkansas (AR)

No-Smoking Requirements

The Arkansas Clean Indoor Air Act generally requires all employers in the state to prohibit smoking in enclosed places of employment and public places.

However, this does not apply to:

• Non-public workplaces with fewer than 3 employees; 
• Outdoor areas of places of employment; 
• Hotels with designated smoking rooms (however, if the hotel has more than 25 guest rooms, not more than 20% of those rooms may be designated as smoking rooms);
• Bars and restaurants not admitting patrons under the age of 21 (if secondhand smoke does not infiltrate into areas where smoking is prohibited under the law); and
• Tobacco businesses.

Posting Requirements

Employers must post "no-smoking" signs appropriately in every place covered by the law.

Restaurants or bars exempt from the law must post signage at all entrances and wherever else necessary to clearly describe smoking is allowed. 

More Information 

More information and signs are available from the Arkansas Department of Health.

Smoking is permitted in the following areas:

• A cigar-tobacco bar (must display required signage);
• The outdoor area of any business that is at least 25 feet from the doorway; and
• A private, nonresidential building on a farm or ranch that has annual gross income of less than $500,000. 

Option to Prohibit Smoking in Additional Areas

Employers of any workplace where smoking is not specifically restricted may post signs prohibiting smoking or providing smoking and nonsmoking areas.

Any employer that receives a request from an employee to create a smoke-free work area must designate and post a sign or signs in a smoke-free work area.

Smoking and Tobacco Use in the Workplace in Delaware (DE)

No Smoking Requirements 

The Delaware Clean Indoor Air Act generally requires all employers in the state to prohibit smoking in all enclosed indoor places of employment and public places unless an exemption applies.

Places that may be exempt include:

• Indoor areas where private social functions are held; 
• Hotel and motel rooms (if the total percentage of smoking rooms is no more than 25% of the total number of rooms); and
• Property owned or leased by a fraternal benefit society where a fundraising activity sponsored by the organization occurs.  

Employers must also prohibit smoking in elevators and common-use areas in workplaces, including restrooms, lobbies, hallways and reception areas.

For these purposes, the term “smoking” includes:

• Burning of a lighted cigarette, cigar, pipe or any other matter or substance that contains tobacco; and
• Use of any electronic smoking device that creates an aerosol or vapor, in any manner or in any form. 

However, certain vapor establishments are permitted to have emissions produced by electronic smoking devices within their places of business.

Posting Requirements 

Employers that permit smoking in their workplaces must post appropriate "Warning: Smoking Permitted" signs in all areas where smoking is not prohibited. The letters on these signs must be at least 1” in height.

If a vapor establishment permits emissions from electronic smoking devices within its place of business, signs stating that no one under the age of 18 is allowed in the establishment must be displayed a sign at all entrances.

More Information  

More information is available from the Delaware Department of Health and Social Services.

Smoking and Tobacco Use in the Workplace in the District of Columbia (DC)

No-Smoking Requirements 

The District of Columbia (D.C.) Restrictions on Tobacco Smoking Law generally requires all employers to prohibit smoking in all enclosed areas of workplaces. These include work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways and vehicles owned by a private employer.

An employer may permit smoking in an outdoor area that is under the employer’s control, if it is permitted under the lease or contract between the owner and the tenant. When an employer allows smoking in an outdoor area of a restaurant, tavern, club, brew pub, or nightclub, the employer must ensure that no area designated for smoking encompasses an area where smoking is prohibited.

Posting Requirements 

At entrances to workplaces where smoking is prohibited, and in no-smoking areas, employers must conspicuously post the international no-smoking symbol, and the following statement: 

• "NO SMOKING UNDER PENALTY OF LAW. MAXIMUM FINE ONE THOUSAND DOLLARS ($1,000)."

If an employer is exempt or has obtained a waiver, it must post the international smoking symbol and the following statement: 

• “NO SMOKING EXCEPT IN SMOKING AREAS. MAXIMUM FINE ONE THOUSAND DOLLARS ($1,000).”  

This information must be conspicuously posted at entrances to workplaces where smoking is prohibited and in no-smoking areas.

In addition, employers that are exempt or have obtained a waiver must conspicuously post the following statement in designated smoking areas: 

• “SMOKING IN ACCORDANCE WITH EMPLOYER'S SMOKING POLICY ONLY. SMOKING CAUSES LUNG CANCER, HEART DISEASE, EMPHYSEMA, AND MAY CAUSE FETAL INJURY, PREMATURE BIRTH, AND LOW BIRTH WEIGHT IN PREGNANT WOMEN. MAXIMUM FINE ONE THOUSAND DOLLARS ($1,000).” 

This text must be at least three-quarters of an inch in height.

International smoking and no-smoking symbols must be in a typeface that is at least as large as the largest lettering on the sign.

Protection for Off-duty Use 

D.C. law generally prohibits employment discrimination based on an individual’s use of tobacco or tobacco products. However, employers may establish tobacco-use restrictions or prohibitions that constitute bona fide occupational qualifications. An employee or applicant who is aggrieved by a violation may bring a lawsuit and may recover any damages, including lost or back wages and reasonable attorney’s fees.

More Information  

More information is available from the D.C. Department of Health.

 

Smoking and Tobacco Use in the Workplace in Hawaii (HI)

 

 No-Smoking Requirements  

Hawaii’s smoking law generally requires all employers in the state to prohibit smoking in the following locations:

 

• All enclosed and partially enclosed places of employment (such as cafeterias, classrooms, clubs, common work areas, conference rooms, elevators, employee lounges, hallways, medical facilities, meeting rooms, private offices, restrooms and stairs); and
• All enclosed or partially enclosed areas open to the public.

 

For these purposes, the term "smoking" includes the use of an electronic smoking device. The law defines "electronic smoking device" as any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device, including (but not limited to) an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, hookah pipe, or hookah pen, and any cartridge or other component of the device or related product.

 Posting/Notice Requirements  

Employers must conspicuously post appropriate signs that read "Smoking Prohibited by Law" with letters at least 1 inch in height or the international "no smoking" symbol in buildings and at entrances to buildings where smoking is prohibited.    

Employers also must notify anyone violating the smoking prohibition of the smoking restrictions.

 More Information   

More information is available from the Hawaii Department of Health.

 

Smoking and Tobacco Use in the Workplace in Idaho (ID)

No-Smoking Requirements 

The Idaho Clean Indoor Air Act generally requires all employers in the state to prohibit smoking in all enclosed public places, including restrooms and elevators.

Exceptions are available for owner-operated businesses that are not commonly open to the public and have no employees other than the owner-operators.

Designated Smoking/Non-Smoking Areas 

Employers of 5 or fewer employees may designate a specific breakroom for smoking as long as the breakroom:

• Is not accessible to minors;
• Is separated from other parts of the building by a floor to ceiling partition;
• Is not the sole means of entrance or exit to the establishment or its restrooms and is located in an area where no employee is required to enter as part of the employee's work responsibilities (not including custodial/maintenance work); and 
• Has appropriate "Warning: Smoking Permitted" signs prominently posted.

Posting Requirements

Employers of 5 or fewer employees must post appropriate "Warning: Smoking Permitted" signs in designated smoking rooms. The letters on such signs must be at least 1 inch in height.

More Information 

More information is available from the Idaho Department of Health and Welfare.

The Smoke Free Illinois Act

On July 28, 2023, Illinois amended the Smoke Free Illinois Act (Act) to include the use of electronic smoking devices, such as electronic cigarettes. The amendments become effective on Jan. 1, 2024.

The Act prohibits smoking in public places, places of employment and government vehicles. Specifically, under the Act, no person is allowed to smoke in a public place or any place of employment or within 15 feet of any entrance to a public place or place of employment. The Act includes a responsibility to ensure that tobacco smoke does not enter a smoke-free area through entrances, exits, open windows or other means.

The Act defines “smoke” or “smoking” as carrying, smoking, burning, inhaling or exhaling any kind of lighted pipe, cigar, cigarette, hookah, marijuana, herbs or any other lighted smoking equipment. “Smoke” or “smoking” does not include smoking that is associated with a native-recognized religious ceremony, ritual, or activity by American indigenous people that is in accordance with the federal American Indian Religious Freedom Act.

Electronic Smoking Devices

The amendments define electronic smoking devices, including electronic cigarettes, as any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product. 

“Electronic cigarette” includes any such product, whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under any other product name or descriptor. 

Where Is Smoking Prohibited?

The Act prohibits smoking in public places, places of employment and governmental vehicles. Specifically, under the Act, no person is allowed to smoke in a public place or in any place of employment or within 15 feet of any entrance to a public place or place of employment. This includes a responsibility to ensure that tobacco smoke does not enter a smoke-free area through entrances, exits, open windows or other means.

In addition, no person may smoke in any vehicle owned, leased or operated by the state or a political subdivision of the state. Vehicle owners must reasonably assure that smoking is prohibited in indoor public places and workplaces unless specifically exempted by the Act.

The Act defines “place of employment” as any area under the control of a public or private employer that employees are required to enter, leave or pass through during the course of employment. Places of employment include, but not limited to:

• Entrances and exits to places of employment, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited; 
• Offices and work areas; 
• Restrooms; 
• Conference and classrooms; 
• Break rooms and cafeterias; and 
• Other common areas. 

Employer means “a person, business, partnership, association, or corporation, including a municipal corporation, trust, or non-profit entity, that employs the services of one or more individual persons.” Enclosed area means “all space between a floor and a ceiling that is enclosed or partially enclosed with solid walls or windows, exclusive of doorways, or solid walls with partitions and no windows, exclusive of doorways, that extend from the floor to the ceiling, including, without limitation, lobbies and corridors.”

Employers should note that a private residence or home-based business, unless used to provide licensed childcare, foster care, adult care, or other similar social service care on the premises, is not a “place of employment.” Similarly, “place of employment” does not include enclosed laboratories that are not open to the public and are in an accredited university or government facility where the activity of smoking is exclusively conducted for the purpose of medical or scientific health-related research. 

Designating Nonsmoking Areas

The Act authorizes employers, owners, occupants, lessees, operators, managers and any person in control of any public space or place of employment to designate specific non-enclosed areas as nonsmoking areas.

Individuals that designate nonsmoking areas must conspicuously post signs prohibiting smoking.

Posting Signs

Employers are required to post, at every entrance to a public place and place of employment where smoking is prohibited, a conspicuous sign clearly stating that smoking is prohibited. The sign may either say “No Smoking” or display the international no smoking symbol.

Employers must also remove all ashtrays from any area where smoking is prohibited.

Smoking and Tobacco Use in the Workplace in Indiana (IN)

A growing number of states have passed laws requiring employers to prohibit smoking in workplaces. Indiana’s statewide smoking ban, called the Smoke-Free Air Law regulates smoking in most public places, including restaurants and workplaces.

Where Is Smoking Prohibited? 

Smoking is prohibited in the following places: 

• Most places of employment or enclosed areas of a structure that are a place of employment (except a private vehicle);
• Most public places or enclosed areas of a structure where the public is invited or permitted;
• Most restaurants;
• The area within eight feet of a public entrance to a public place or a place of employment; and

Any vehicle owned, leased or operated by the state if the vehicle is being used for a governmental function.

Exemptions 

Smoking is permitted in the following areas:

• Bars and taverns;
• Tobacco retail shops;
• Cigar bars;
• Hookah bars;
• State licensed gaming facilities;
• Licensed horse track facilities; and
• Fraternal, veteran and other memberships clubs (must meet certain requirements).

Local Ordinances 

Local communities have the ability to adopt stronger smoke free laws than the state law. If a local law covers more workplaces than the Smoke-Free Air Law, employers must comply with the local law. If a local law does not cover as many workplaces or is less restrictive than the state law, then the Smoke-Free Air Law applies. 

Compliance and Enforcement

The Indiana Smoke-Free Air Law has signage requirements for employers. 

Employers/owners must inform employees and prospective employees of the smoking prohibition that applies to the place of employment. Employers/owners must also:

• Remove all ashtrays and other smoking paraphernalia from anywhere smoking is prohibited;
• Ask an individual who is smoking in an area where smoking is prohibited to refrain from smoking; and
• Remove any individual who fails to refrain from smoking after being asked to stop.

Signs 

Employers/owners of a public place where smoking is prohibited must post conspicuous signs at each public entrance that read “State Law Prohibits Smoking within 8 Feet of this Entrance”, or other similar language.

Additionally, owners or operators of a restaurant must post a conspicuous sign at each entrance to the restaurant informing the public that smoking is prohibited in the restaurant.

Discrimination 

Employers may not discharge, refuse to hire or in any way retaliate against an individual because of his or her exercise of any rights under the Smoke-Free Air Law.

E-Cigarettes

In Indiana, tobacco product means a product that contains tobacco, including e-liquid. 

Smoking and Tobacco Use in the Workplace in Iowa (IA)

No-Smoking Requirements 

Under the Iowa Smokefree Air Act, all employers in the state are generally required to prohibit smoking in the following locations:

• All enclosed areas within places of employment (such as work areas, private offices, conference and meeting rooms, classrooms, auditoriums, employee lounges and cafeterias, hallways, medical facilities, restrooms, elevators, stairways and stairwells, and vehicles provided by the employer); and
• All enclosed public places.

Posting Requirements 

Employers must conspicuously post appropriate "no-smoking" signs or the international "no smoking" symbol at all entrances to and inside enclosed places of employment and public places.  

The signs must include the telephone number 888-944-2247, and the Web address http://www.iowasmokefreeair.gov/ to report violations.

More Information  

More information is available from the Iowa Department of Health & Human Services and the Iowa Alcoholic Beverages Division.

Smoking and Tobacco Use in the Workplace in Kentucky (KY)

Kentucky currently has no state laws restricting smoking in private workplaces.

Smoking and Tobacco Use in the Workplace in Louisiana (LA)

No-Smoking Requirements 

The Louisiana Smokefree Air Act generally requires all employers in the state to prohibit smoking in all enclosed areas within a place of employment.

Employers are also required to prohibit smoking in all public places, except for certain locations, such as bars and outdoor patios (regardless of whether food is served). 

Employers may permit smoking in an outdoor area of a place of employment.

Posting Requirements 

"No smoking" signs or the international "No smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) must be clearly and conspicuously posted in each place where smoking is prohibited by state law. 

Protection for Off-duty Use 

Louisiana law protects employees and applicants from employment discrimination based on their status as a smoker or nonsmoker of tobacco (as long as they comply with applicable law and any workplace policy on smoking adopted by the employer).

The law also prohibits employers from requiring, as a condition of employment, that an employee or applicant abstain from smoking or otherwise using tobacco products outside the course of employment. An employer that violates these provisions may be fined up to $250 for a first offense and $500 for any subsequent offense.

This law does not prevent an employer from having or enforcing a policy regulating workplace tobacco use.

More Information 

More information is available from the Louisiana Department of Health.

Smoking and Tobacco Use in the Workplace in Maine (ME)

No-Smoking Requirements 

Under the Maine Workplace Smoking Act, all employers in the state must have a written workplace policy that: 

• Prohibits smoking in indoor business facilities;
• Prevents environmental tobacco smoke from circulating into enclosed areas; and
• Prohibits smoking outside the workplace, except in outdoor areas that are 20 feet from entryways, vents and doorways.

Employers must also prohibit smoking in all enclosed areas of public places.

For these purposes, the term “smoking” includes the use of any electronic smoking device, such as an electronic cigarette, electronic cigars electronic pipe, electronic hookah or vape pen.

Posting / Notice Requirements 

Each employer must post its written policy concerning smoking and nonsmoking and also provide copies of it to each employee upon request.

Employers in control of public places must conspicuously post appropriate "no-smoking" signs—with letters at least one inch in height or the international "no smoking" symbol—in buildings where smoking is not permitted. Designated areas where smoking is permitted must have signs that read "Smoking Permitted," with letters at least one inch in height.

Protection for Off-duty Use 

Maine’s labor law protects employees and applicants from employment discrimination based on tobacco use outside of work, as long as they comply with any workplace policy concerning the use of tobacco.

More Information  

More information is available from the Maine Department of Health and Human Services.

 

Smoking and Tobacco Use in the Workplace in Maryland (MD)

Maryland’s Clean Indoor Air Act regulates smoking in indoor areas open to the public, indoor places of employment and certain designated private areas. Cities or towns in Maryland may impose stricter local laws prohibiting smoking. Employers must follow the most restrictive laws.

Where Is Smoking Prohibited?

Under Maryland’s Clean Indoor Air Act, smoking is prohibited in designated private areas and indoor areas open to the public, including: 

• Restaurants
• Taverns
• Retail establishments
• Theaters
• Concert halls
• Athletic facilities
• Financial service institutions
• Educational institutions
• Museums
• Libraries

Additionally, all employers are responsible for providing a smoke-free environment in all indoor places of employment. A “place of employment” is a place where an employee is allowed to work.

Exemptions

Smoking is permitted in the following areas:

• Research or educational laboratories, for the purpose of conducting scientific research on the health effects of tobacco smoke; and
• Retail tobacco businesses where the primary activity is the retail sale of tobacco products and accessories, and the sale of other products is incidental.
• Private homes and residences, including residences used as a business or place of employment, unless they are registered to provide childcare;
• Private vehicles, unless they are being used for the public transportation of children;
• Up to 25% of rooms in a hotel or motel that are rented to guests;
• Any facility of a manufacturer, importer, wholesaler or distributor of tobacco products or of any tobacco leaf dealer or processor;

Posting Requirement

Each employer must post at each entrance to the enclosed workplace a sign stating that smoking is prohibited. Employers can decide the exact wording of the sign as long as the message is clear. The sign may be freestanding or permanently affixed. 

In every place where smoking is allowed, employers must post and properly maintain signs that state “Smoking Permitted in This Room.” The letters on the signs must be at least one inch in height

Discrimination

Any person may register a complaint with the local health department about a violation of Maryland’s Clean Indoor Air Act. Employers are prohibited from discriminating or retaliating against anyone who makes a complaint or furnishes information about a violation. Employers who discriminate or retaliate against an employee will be fined between $2,000 and $10,000 for each violation.

Smoking and Tobacco Use in the Workplace in Massachusetts (MA)

A growing number of states have passed laws requiring employers to prohibit smoking in the workplace. Massachusetts’ Smoke-Free Workplace Law regulates smoking in public places and places of employment.

The Law defines smoking as the lighting of a cigar, cigarette, pipe or other tobacco product or possessing a lighted cigar, cigarette, pipe or other tobacco or non-tobacco product designed to be combusted and inhaled. 

Where Is Smoking Prohibited?

Under the Smoke-Free Workplace Law, all employers are responsible for providing a smoke-free environment for all employees working in an enclosed workplace.

Examples of enclosed workplaces include:

 Common work areas; Hallways; Conference and meeting rooms; Offices; Employee lounges; Restrooms; and Staircases.

Many cities and towns in Massachusetts impose stricter local laws regarding smoking in the workplace. Employers must follow the most restrictive laws.

Exemptions

Smoking is permitted in the following areas:

• Private residences, except when the residence is being used to operate a group childcare center, school age day care center, school age day or overnight camp, a health care related office or a facility licensed by the office of childcare services; 

• Membership Associations (Private Clubs), defined as non-profit voluntary groups that are not open to: 
  • The public; and
  • Non-members who are not invited guests;
   
• Guest rooms in hotels, motels or similar accommodations that have been designated as “smoking” rooms;
• Retail tobacco stores that prohibit entry to anyone under the age of 18Overview of paid sick leave.
• “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;
• Religious ceremonies where smoking is part of the ritual; 
• Nursing homes and acute care substance abuse treatment centers that have received approval from the local board of health (in designated smoking areas for permanent residents only); and
• Tobacco laboratories/tobacco testing facilities that conduct medical or scientific research on tobacco smoke. 

Compliance

The Massachusetts Smoke-Free Workplace Law has additional requirements for employers regarding enforcement of the law and posting of signs.  

Enforcement

Employers must take steps to ensure that no smoking takes place in their places of employment. Specifically, employers must tell customers, staff or visitors who are seen smoking in a place of employment not to smoke indoors.

Signs

Employers are required to post “no smoking” signs at every place of employment where smoking is prohibited. The signs must be in locations where they are clearly visible to all employees, customers or visitors while in the workplace. Additional signs may be posted in areas such as lobbies, hallways, cafeterias, kitchens, locker rooms, customer service areas, offices where the public is invited, conference rooms, lounges, waiting areas and elevators. 

Approved signs may be obtained from the Department of Public Health or the local boards of health.

Discrimination

Any person may register a complaint about a violation of the Smoke-Free Workplace Law with the local board of health, the Department of Public Health or the local inspection department. Employers are prohibited from discriminating or in any manner retaliating against anyone who makes a complaint or furnishes information about a violation.

Smoking and Tobacco Use in the Workplace in Michigan (MI)

Many states have passed laws requiring employers to prohibit smoking in any workplace and any food service establishment. Michigan’s Smoke-Free Air Law regulates smoking in most public places.

Where Is Smoking Prohibited?

Smoking is prohibited in most enclosed public places, including any workplace and any food service establishment. A “workplace” is defined as an enclosed, indoor site employing at least one person. A “food service establishment” is any place with a license to serve food or beverages.

Public places where smoking is prohibited include, but are not limited to: 

• Restaurants;
• Shopping malls;
• Concert halls;
• Museums;
• Health facilities;
• Education facilities
• Bars;
• Bowling alleys;
• Arenas;
• Mechanic shops;
• Nursing homes;
• Childcare centers.

Smoking is not allowed in any indoor area or outdoor areas such as patios or rooftops during periods where food, beverages or both are prepared, served or provided to patrons. An outdoor area is an open area that is part of or adjacent to a fixed food service establishment, such as a restaurant or bar. 

Michigan’s Smoke-Free Air Law sets the minimum requirements for indoor workplaces and public places where smoking is regulated. These minimum standards apply state-wide. However, local laws may have stricter prohibitions.

Exemptions

Smoking is permitted in the following areas:

• Cigar bars (must meet certain requirements and file for an exemption);
• Tobacco specialty retail stores (must meet certain requirements and file for an exemption); and 
• Gaming floors of casinos that existed prior to May 1, 2010.

Enforcement

An employer or owner must make a reasonable effort to prohibit patrons from smoking. This means that the employer/owner must: 

• Remove all ashtrays and other smoking paraphernalia from anywhere smoking is prohibited;
• Inform individuals who are smoking in areas where smoking is prohibited that they are violating state law and may be penalized;
• Refuse to serve an individual who is smoking in an area where smoking is prohibited; and
• Ask an individual who is smoking in an area where smoking is prohibited to refrain from smoking. If the individual continues to smoke, the employer/owner must ask the individual to leave the public place, food service establishment or nonsmoking area.

Signs

Employers or owners of a public place where smoking is prohibited must clearly and conspicuously post “NO SMOKING” signs or the international “no smoking” symbol at the entrances to and in every building or other area where smoking is prohibited. These other areas may include outdoor areas such as patios or rooftops where patrons are intended to receive service or consume food, beverages or both.

Several model posters, as well as other compliance tools, are located on the Michigan Department of Community Health’s website.

Discrimination

Employers of food service establishments may not take any retaliatory or adverse action against an employee or applicant because of his or her exercise of any rights under Michigan’s Smoke-Free Air Law.

Minnesota Smoking and Tobacco Use in the Workplace

A growing number of states have passed laws requiring employers to prohibit smoking in workplaces. Minnesota’s Clean Indoor Air Act (the Act) regulates smoking and vaping in public places, places of employment and public transportation.

The Freedom to Breathe provisions amended the Clean Indoor Air Act, to expend the definition of smoking to include vaping, which is the use of e-cigarettes, effective August 1, 2019.

Where Is Smoking Prohibited?

Smoking and vaping is prohibited in public places, places of employment, public transportation and at public meetings. A “place of employment” is defined as any indoor area where two or more individuals perform any type of a service for payment under any type of contractual relationship.

Public places where smoking and vaping is prohibited include, but are not limited to:

• Restaurants and Bars;
• Retail stores and other commercial establishments;
• Educational facilities;
• Auditoriums, arenas, theaters or gymnasiums;
• Libraries or museums;
• Meeting rooms or banquet facilities;
• Common areas of rental apartment buildings;
• Day care centers, family homes or group family day care provider homes during hours of operation;
• Health care facilities and clinics, including licensed residential facilities (except in designated smoking areas of nursing homes, boarding care facilities or licensed residential facilities for adults);
• Public transportation vehicles (except when being used for personal use), including:
• Light and commuter rail transit;
• Buses;
• Enclosed bus and transit stops;
• Taxis, vans, limousines and other for-hire vehicles; and
• Public conveyances;
• Factories, warehouses or offices;
• Banks and financial institutions;
• Ticketing, boarding and waiting areas in public transportation terminals; and
• Elevators and hallways. 

Exemptions

Smoking and vaping is permitted in the following areas:

• Private places, including private homes, residences and automobiles when they are not being used as a place of employment; 
• A hotel or motel sleeping room;
• Tobacco products shops (must meet certain requirements);
• Family farms;
• The disabled veterans rest camp located in Washington County;
• The cabs of heavy commercial vehicles; and
• Farm vehicles and construction equipment.

The Act also permits smoking and vaping by the following individuals in specified situations: 

• Actors and actresses may smoke as part of a theatrical performance, provided that notice of smoking is given to theater patrons in advance and is included in performance programs; 
• Participants in peer reviewed scientific studies related to the health effects of smoking may smoke, provided that certain requirements are met; and
• Native Americans may smoke as part of a traditional Native American spiritual or cultural ceremony.

Compliance

The Minnesota Clean Indoor Air Act has additional requirements for employers regarding enforcement of the Act and posting of signs.

Enforcement

Employers/owners must make a reasonable effort to prohibit individuals from smoking and vaping in the public place, public transportation, place of employment or public meeting. This means that employers/owners must: 

• Post "No Smoking" sign(s) at or immediately inside of all public entrances (an approved poster may be found on Minnesota’s Department of Health website by clicking here);
• Not provide smoking equipment, including ashtrays or matches, in areas where smoking is prohibited;
• Refuse to serve an individual who is smoking in an area where smoking is prohibited;
• Ask an individual who is smoking in an area where smoking is prohibited to refrain from smoking. If the individual continues to smoke, the employer/owner must ask the individual to leave; and
• Use any other means that may be appropriate.

Discrimination

Employers may not take any retaliatory or adverse action against an employee or anyone else because he or she, in good faith, reports a violation of the Clean Indoor Air Act. In addition, employers may not discharge, refuse to hire, penalize, discriminate or retaliate against any employee, applicant or customer because the employee, applicant or customer exercises any right to a smoke-free environment.

Smoking/Tobacco Use in the Workplace in Mississippi (MS)

No-Smoking Requirements 

Mississippi has no state laws restricting smoking in private workplaces.

Protection for Off-duty Use 

However, Mississippi does have a law that prohibits all employers in the state from requiring any employee or applicant to abstain from smoking or using tobacco products during nonworking hours. This applies as long as the employee or applicant complies with applicable laws or policies regulating smoking on the employer’s premises during working hours.

Smoking and Tobacco Use in the Workplace in Montana (MT)

Montana regulates smoking and the use of tobacco in the workplace as follows:

No-Smoking Requirements

The Montana Clean Indoor Air Act generally requires all employers in the state to prohibit smoking in enclosed places of work and public places. These include, among others, public and private office buildings and offices, restaurants and bars, stores, public transportation, health care facilities, auditoriums, and meeting rooms open to the public.

Posting Requirements

Employers must post a "no-smoking" sign in a conspicuous place at building entrances.

Protection for Off-duty Use 

Montana law protects employees and applicants from employment discrimination based on their lawful use of legal products off the employer’s premises during non-work hours. This protection does not apply to:

• Use of a lawful product that affects an individual's ability to perform job-related employment responsibilities or the safety of other employees, or conflicts with a bona fide occupational qualification that is reasonably related to the individual's employment;
• An individual who, on a personal basis, has a professional service contract with an employer and the unique nature of the services provided authorizes the employer, as part of the service contract, to limit the use of certain products; or
• An employer that is a nonprofit organization that, as one of its primary purposes or objectives, discourages the use of one or more lawful products by the general public.

An employer may offer, impose, or have in effect a health, disability, or life insurance policy that makes distinctions between employees for the type or price of coverage based on the employees’ use of a product with stipulations.

Employers that violate these provisions may face civil lawsuits for damages.  

More Information

Smoking and Tobacco Use in the Workplace in Nebraska (NE)

No-Smoking Requirements

The Nebraska Clean Indoor Air Act generally requires all employers in the state to prohibit smoking in all places of employment, including work areas, employee breakrooms, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias and hallways.

Employers also must prohibit smoking in all public places (with exceptions for certain establishments, such as tobacco stores and cigar bars). 

For these purposes, the term “smoking” includes:

• Inhaling, exhaling, burning, or carrying any lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic; and
• The use of any electronic smoking device that creates an aerosol or vapor, in any manner or form.

More Information

More information is available from the Nebraska Department of Health and Human Services.

 

Smoking and Tobacco Use in the Workplace in Nevada (NV)

No-Smoking Requirements

The Nevada Clean Indoor Air Act generally requires all employers in the state to prohibit smoking in indoor places of employment, including areas such as restrooms, hallways, employee lounges, cafeterias, conference rooms, lobbies and reception areas. Exceptions are available for certain establishments, such as stand-alone bars, retail tobacco stores, private residences not used as child care, adult day care or health facilities and convention facilities for certain trade shows not open to the public involving the display of tobacco products.

Employers that are not covered by the state smoking provisions may restrict or completely prohibit smoking throughout their work areas.

Posting Requirements 

Employers must clearly and conspicuously post "no-smoking" signs at building entrances and in areas where smoking is not allowed.

Protection for Off-duty Use 

Under Nevada’s labor laws, it is unlawful for any employer in the state to discriminate against an employee or applicant because the individual engages in the lawful use of any product outside the employer’s premises during non-working hours. This applies as long as the use does not adversely affect the individual’s ability to perform their job or the safety of other employees.

More Information  

More information is available from the Southern Nevada Health District.

 

Smoking and Tobacco Use in the Workplace in New Hampshire (NH)

No-Smoking Requirements 

Under the New Hampshire Indoor Smoking Act, employers with 4 or more employees must prohibit smoking in enclosed areas that are open to the public, including workplaces, if they cannot effectively segregate smoking-permitted areas. This law does not apply to areas in public places that are used for private purposes, such as hotel guest rooms and private clubs.

Written Policy Requirements  

Employers with 4 or more employees must have a written policy that states whether smoking is prohibited or restricted to certain areas. If smoking is permitted only in designated smoking-permitted areas, the policy must specify the area(s) where smoking is permitted.

Written policies regarding smoking restrictions must be provided to, or posted, or otherwise made available to any person who works in or routinely uses any enclosed building or facility.

Staff or employees subject to written policies regarding smoking restrictions must receive orientation regarding the employer’s smoking policy.

Posting Requirements   

Employers must place appropriate signs at all major entrances to buildings, facilities, or other enclosed places that are subject to the law.

Where smoking is not allowed, signs must state that “smoking is prohibited in this building or facility,” or words to that effect, and the international symbol for “no-smoking” may be substituted for or used in addition to the prohibition statement.

All exterior signs must be of a permanent nature.

Protection for Off-duty Use 

New Hampshire law prohibits all employers in the state from requiring an employee or applicant to abstain from using tobacco products outside of work as a condition of employment. This protection applies as long as the individual complies with any workplace policy on smoking.

More Information 

More information is available from the New Hampshire Department of Health and Human Services.

Smoking and Tobacco Use in the Workplace in New Jersey (NJ)

A growing number of states have passed laws requiring employers to prohibit smoking in the workplace. The New Jersey Smoke-Free Air Act regulates smoking of tobacco products and the use of electronic smoking devices in all enclosed indoor places of public access and workplaces, as well as on the property of any elementary or secondary school, regardless of whether the area is indoors or outdoors.

Where Is Smoking Prohibited?

Under the New Jersey Smoke-Free Air Act, all employers are responsible for providing a smoke-free environment for all employees working in indoor workplaces. An indoor workplace is a structurally enclosed location (or portion thereof) where a person performs any type of service or labor.

Smoking is prohibited in all indoor public places including, but not limited to:

• Commercial or other office buildings;
• Public and nonpublic elementary or secondary school buildings;
• Board of education buildings;
• Theaters and concert halls;
• Public libraries;
• Museums and art galleries;
• Bars;
• Restaurants and other establishments where the principal business is the sale of food for consumption on the premises, including the bar area of the establishment;
• Garage or parking facilities;
• Any public conveyance operated on land, water or in the air, and passenger waiting rooms and platform areas in any public conveyance stations or terminals;
• Licensed health care facilities;
• A patient waiting room in the office of a licensed health care provider;
• Licensed child care centers;
• Race track facilities;
• Facilities used for the holding of sporting events;
• Ambulatory recreational facilities;
• Shopping malls and retail stores;
• Hotels, motels or other lodging establishments;
• Apartment building lobbies or other public areas in an otherwise private building; and
• Passenger elevators in buildings other than a single-family dwelling.

Cities or towns in New Jersey may impose stricter local laws prohibiting smoking. Employers must follow the most restrictive laws.

Exemptions

Smoking is permitted in the following areas:

• Any registered cigar bar or cigar lounge that generates 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 in the prior year);
• Any tobacco retail establishment or any area that the tobacco retail establishment provides for 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;
• Up to 20 percent of guest rooms in a hotel, motel or other lodging establishment;
• Private homes, private residences and private automobiles; and
• The area within the perimeter of:
• An approved casino that contains at least 150 stand-alone slot machines, 10 table games or some combination thereof which are available to the public for wagering; or
• An approved casino simulcasting facility that contains a simulcast counter and dedicated seating for at least 50 simulcast patrons, or a simulcast operation and at least 10 table games which are available to the public for wagering.

Compliance

The New Jersey Smoke-Free Air Act has additional requirements for employers regarding enforcement of the law and posting of signs.

The Smoke-Free Air Act requires that a "No Smoking" sign be prominently posted at every public entrance and properly maintained where smoking is prohibited. Signs must also be posted in areas where smoking is permitted.

New Mexico Smoking Rules

No -Smoking Requirements

New Mexico employers generally must prohibit smoking (including smoking cannabis and using e-cigarettes):

• In indoor workplaces, with certain general exceptions including private homes and designated outdoor smoking areas; and 
• Near entrances, windows and ventilation systems of all workplaces where smoking is prohibited.

In addition, employers must post:

• "NO SMOKING" signs which are easily seen at entrances to work areas where smoking is prohibited.
• "SMOKING PERMITTED" signs at entrances to work areas where employees may smoke.

Protection for Off-duty Use  

New Mexico law protects employees and applicants against employment discrimination based on smoker or nonsmoker status, as long as they comply with applicable laws or policies regulating smoking on the premises of the employer during working hours.

It is also unlawful for an employer to require as a condition of employment that any employee or applicant for employment abstain from using tobacco products during non-working hours. This does not apply to any activity that:

• Materially threatens an employer's legitimate conflict of interest policy reasonably designed to protect the employer's trade secrets, proprietary information or other proprietary interests; or
• Relates to a bona fide occupational requirement and is reasonably and rationally related to the employment activities and responsibilities of a particular employee or a particular group of employees, rather than to all employees of the employer.

Employers that violate these provisions may face civil lawsuits for damages.

More Information  

More information is available from the New Mexico Department of Health.

Smoking in New York (NY)

A growing number of states have passed laws requiring employers to prohibit smoking in the workplace. New York’s Clean Indoor Air Act (the Act) regulates the smoking of tobacco and vaping in enclosed indoor workplaces, public places and some outdoor areas.      

Vaping and E-cigarettes

The amended Act defines an “electronic cigarette” as an electronic device that delivers vapor that is inhaled by an individual user. The definition includes the e-cigarette’s refill, cartridge and other components as part of the device. The act also defines “vaping” as using an e-cigarette.

Where Is Smoking Prohibited?

The Act prohibits smoking and vaping in most public places, including all places of employment. The term “places of employment” means any indoor area under the control of an employer in which employees perform services, including:

• Offices;                                                    
• School grounds;
• Retail stores;
• Banquet facilities;
• Theaters and auditoriums;
• Food stores;
• Banks and financial institutions;
• Factories or warehouses;
• Employee cafeterias;
• Lounges;
• Gymnasiums;
• Restrooms, elevators, and hallways;
• Museums;
• Libraries;
• Bowling establishments;
• Employee medical facilities;
• Rooms or areas containing photocopying equipment or other office equipment; and
• Company vehicles.

In addition, smoking and vaping is prohibited in all of the following public places:

• Bars, including outdoor seating areas;
• Food service establishments (unless an exemption applies);
• Enclosed indoor areas open to the public and containing a swimming pool;
• Public means of mass transportation, including subways, underground subway stations, and, when occupied by passengers, buses, vans, taxicabs and limousines;
• Ticketing, boarding and waiting areas in public transportation terminals;
• Youth centers and facilities for detention;
• Any facility that provides child care services, except child care services provided in a private home when children enrolled in the day care are not present;
• Group homes and public institutions for children;
• Residential treatment facilities for children and youth;
• Commercial establishments used for trade, profession, vocation or charitable activity;
• Indoor arenas;
• Zoos;
• Bingo facilities;
• All public and private colleges, universities and other educational and vocational institutions, including dormitories, residence halls, and other group residential facilities that are owned or operated by those institutions (except off-campus residential units occupied by a person who is not enrolled as an undergraduate student in the institution); and
• General hospitals, residential health care facilities, and other licensed health care facilities where persons reside, except that certain facilities may provide designated smoking rooms for patients.

The Act specifically excludes any facility owned or leased by a membership association, as long as it is used exclusively for noncommercial activities of its members and guests. Noncommercial activities include social gatherings, meetings, dining and dances, as long as no one is engaged in work.

Smoking or vaping is prohibited in the following outdoor areas:

• Ticketing, boarding or platform areas of railroad stations operated by the metropolitan transportation authority or its subsidiaries;
• On the grounds of general hospitals and residential health care facilities, within 15 feet of a building entrance or exit or within 15 feet of the entrance to or exit from the grounds of any such general hospital or residential health care facility. Smoking areas may be designated by the residential health care facility, provided the smoking area is not within 30 feet of any building structure (other than a nonresidential structure wholly contained within the designated smoking area), including any overhang, canopy, awning, entrance, exit, window, intake or exhaust.
• Within 100 feet of the entrances, exits or outdoor areas of any public or private elementary or secondary schools.
• Any public park or pedestrian plaza.

Exemptions

• Smoking or vaping is permitted in the following areas:
• Private homes, residences and automobiles;
• A hotel or motel room rented to one or more guests;
• Retail tobacco businesses (must meet specific criteria) and retail electronic cigarette stores;
• Membership associations, provided that all of the duties of operation of the membership association are performed by members of the association without compensation of any kind;
• Cigar bars (must meet specific criteria);
• Outdoor dining areas of food service establishments (must meet specific criteria); and
• Enclosed rooms in food service establishments, bars, catering halls, convention halls, hotel and motel conference rooms and other similar facilities that are being used exclusively for the purpose of promoting and sampling tobacco products (must meet specific criteria).

Many cities and towns in New York impose stricter local laws regarding smoking in the workplace. Employers must check with local agencies and follow any additional restrictions that may apply.

Enforcement

Employers/owners must make good faith efforts to ensure that no smoking or vaping occurs in any place where smoking is prohibited. If any person is seen smoking or vaping in an area where smoking is prohibited, the employer/owner must inform him or her that smoking or vaping is not permitted.

Signs

Employers/owners must prominently post and maintain:

• “Smoking” or “No Smoking” signs;
• "Vaping," or "No Vaping" signs; or
• The international “No Smoking” symbol, in any place where smoking is regulated.

An owner, operator or manager of a hotel or motel that chooses to implement a smoking policy for rooms rented to guests must post a notice at the reception area as to the availability, upon request, of rooms in which smoking is prohibited.

Approved signs may be found on the New York Department of Health website, or by clicking here.

Smoking and Tobacco Use in the Workplace in North Carolina (NC)

No-Smoking Requirements

The Smokefree North Carolina Act generally requires all employers in the state to prohibit smoking in enclosed areas of all restaurants and bars.

Exceptions may apply for:

• Designated guest rooms in lodging establishments (if no more than 20% of the establishment's guest rooms are designated smoking rooms);
• Cigar bars (if smoke from the cigar bar does not migrate into an enclosed area where smoking is prohibited); and
• Private clubs.

Employers in buildings owned by the state must prohibit smoking in all workplaces and public places. 

Posting Requirements

Employers must display signs stating that smoking is prohibited in conspicuous locations in all establishments that are subject to the law. These no-smoking signs must be posted at each public entrance at a height and location easily seen and must display the following:

• The Division’s toll-free complaint line telephone number (1-800-662-7030); 
• “G.S.130A-497”; and
• "http://www.smokefree.nc.gov."

The signs may also include the international "No Smoking" symbol.

Protection for Off-duty Use

North Carolina law protects employees and applicants against employment discrimination based on the individual’s lawful use or nonuse of lawful products off the employer’s premises during non-working hours, as long as the use does not adversely affect the individual’s job performance or ability to properly fulfill the responsibilities of the position in question or the safety of the other employees.

However, employers may restrict employees’ lawful product use if:

• The restriction relates to a bona fide occupational requirement and is reasonably related to the employment activities;
• The restriction relates to the fundamental objectives of the organization; or
• The employee fails to comply with the employer’s substance abuse prevention program.

This law does not prohibit an employer from offering, imposing, or having in effect a health, disability, or life insurance policies distinguishing between employees for the type or price of coverage based on the use or nonuse of lawful products, as long as:

• Differential rates assessed employees reflect actuarially justified differences in the provision of employee benefits;
• The employer provides written notice to employees setting forth the differential rates imposed by insurance carriers; and
• The employer contributes an equal amount to the insurance carrier on behalf of each employee.

Employers that violate these provisions may face civil lawsuits for damages and other remedies, such as an employee’s reinstatement without loss or position, seniority or benefits.

More Information

More information and signs are available from the North Carolina Department of Health and Human Services.

Smoking and Tobacco Use in the Workplace in North Dakota (ND)

North Dakota regulates smoking and the use of tobacco in the workplace as follows:

No-Smoking Requirements

• Smoking in all enclosed areas of public places and places of employment is prohibited. Smoking is also prohibited within 20 feet of entrances, exits, operable windows, air intakes, and ventilation systems of enclosed areas.

Posting Requirements

• Among other things, employers must conspicuously post "no-smoking" signs or the international "no smoking" symbol in all workplaces and at all entrances to buildings or other areas where smoking is prohibited. Click here for additional requirements.
  
  • Note: The owner, operator, manager, or other person in control of a public place or place of employment where smoking is prohibited by state law may request the signs necessary to comply with the signage requirements set forth in the law from the North Dakota Department of Health. The North Dakota Tobacco Prevention and Control Executive Committee (the agency previously designated to issue smoking signage), which has been eliminated, is encouraging employers to contact the North Dakota Department of Health (701-328-2372) or their local public health unit for assistance. In the interim, signage templates are available by clicking here.
   

Ohio Smoking Rules

Ohio employers are generally required to prohibit smoking in any enclosed space at a place of employment. In addition, employers must conspicuously post "No Smoking" signs or the international "No Smoking" symbol at each entrance to the place of employment where smoking is prohibited. The signs must contain a toll-free number for reporting violations.

 

 

Smoking and Tobacco Use in the Workplace in Oregon (OR)

No-Smoking Requirements

Employers are required to provide a place of employment that is free of tobacco smoke to all employees, including work areas, employee lounges, vehicles, rest rooms, conference rooms, classrooms, cafeterias, hallways, meeting rooms, elevators and stairways. This requirements extends to all smoke, aerosols, and vapors containing inhalants. as a result, employers may not allow employees to smoke, aerosolize, or vaporize inhalants at their place of employment.

In addition, individuals may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking instrument within 10 feet of the following areas in public places or places of employment:

• Entrances and exits;
• Windows that open; and
•  Ventilation intakes that serve an enclosed area

"Inhalant" means nicotine, a cannabinoid, or any other substance that:

•  Is in a form that allows the nicotine, cannabinoid, or substance to be delivered into a person’s respiratory system;
•  Is inhaled for the purpose of delivering the nicotine, cannabinoid, or other substance into a person’s respiratory system; and
  •  Is not approved by, or emitted by a device approved by, the U.S. Food and Drug Administration for a therapeutic purpose; or
  •  If approved by, or emitted by a device approved by, the United States Food and Drug Administration for a therapeutic purpose, is not marketed and sold solely for that purpose.

Exceptions 

Certain establishments are exempt from the requirements mentioned above. Exempted establishments include: 

• Smoke shops and cigar bars; and
• Up to 25% of the sleeping rooms of hotels and motels.

Employers should review the state's smoking laws (§ 433.850) for more details and information. 

Posting Requirements

Employers are required to post appropriate "No Smoking, aerosolizing, or vaporizing within 10 feet" signs (or the international "no smoking" sign with the additional words "within 10 feet") at all entrances and exits in buildings where smoking is prohibited.

Rhode Island Smoking Rules

Rhode Island’s Public Health and Workplace Safety Act (the Act) regulates smoking in places of employment and public spaces.

Smoking in Places of Employment

“Smoking” or “smoke” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, weed, plant, other tobacco product or plant product, or other combustible substance in any manner or in any form intended for inhalation in any manner or form. “Smoking” or “smoke” also includes the use of electronic cigarettes, electronic cigars, electronic pipes, electronic nicotine delivery system products, or other similar products that rely on vaporization or aerosolization; provided, however, that smoking shall not include burning during a religious ceremony.

Smoking is prohibited in all enclosed facilities within places of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles and all other enclosed facilities.

Employers must communicate this prohibition on smoking to all prospective employees upon their application for employment.

“Place of employment” means an area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, and hallways. Vehicles owned by a public or private employer are covered under this definition provided that the vehicle is used by more than one person. A private residence is not a “place of employment” unless it is used as a childcare, adult day-care, or health-care facility.

Smoking in Public Places

Smoking is prohibited in all enclosed public places within the state of Rhode Island.

“Public place” means an enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, bars, educational facilities, health-care facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, the state house, theaters, and waiting rooms. A private residence is not a “public place” unless it is used as a childcare, adult day-care, or health-care facility.

“Enclosed area” means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways) that extend from the floor to the ceiling.

Protected public spaces includes, but is not limited to, the following places:

1. Aquariums, galleries, libraries and museums;
2. Areas available to and customarily used by the general public in businesses and nonprofit entities patronized by the public, including, but not limited to, professional offices, banks, laundromats, hotels and motels.
3. Bars;
4. Bingo facilities when a bingo game is in progress;
5. Convention facilities;
6. Elevators;
7. Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical, recital or other similar performance;
8. Health care facilities;
9. Licensed childcare and adult day care facilities;
10. Lobbies, hallways and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes and other multiple unit residential facilities with more than four (4) units;
11. Polling places;
12. Public transportation facilities, including buses and taxicabs, under the authority of the state of Rhode Island, and ticket, boarding and waiting areas of public transit depots;
13. Restaurants;
14. Restrooms, lobbies, reception areas, hallways and other common use areas;
15. Retail stores;
16. Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the state of Rhode Island or a political subdivision of the state when a public meeting is in progress, to the extent the place is subject to the jurisdiction of the state of Rhode Island;
17. Schools; including, primary, secondary and post-secondary education facilities;
18. Service lines;
19. Shopping malls;
20. Sports arenas, including outdoor arenas.

Outdoor Smoking Spaces

The Act does not prohibit employers from providing outdoor smoking spaces for their employees. However, any employer that provides an outdoor area for its employees to smoke must provide an area which is physically separated from the enclosed workplace so as to prevent the migration of smoke into the workplace.

Exceptions

The Act does not regulate smoking in:

• Private residences, except when used as a licensed childcare, adult daycare or healthcare facility;
• Hotel and motel rooms that are rented to guests and are designated as smoking rooms; however, no more than 50% of rooms rented to guests in a hotel or motel may be so designated;
• Retail tobacco stores (smoke from these places must not infiltrate into areas where smoking is prohibited under the Act);
• Private and semi-private rooms or designated areas in assisted-living residences and nursing facilities as allowed by regulation of the department of health;
• Outdoor areas of places of employment (some exceptions may apply);
• Any smoking bar;
• Any electronic nicotine delivery system store and any electronic smoking device establishment; or
• Any stage performance where smoking is part of a theatrical production.

Signs

Every public place and place of employment where smoking is prohibited by this Act must have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.

All signs necessary to comply with this section shall be attached at eye level and shall contain the following words “IT IS ILLEGAL TO SMOKE IN THIS ESTABLISHMENT”. To report a violation call “_______.”

Employee Protection Against Retaliation

No person or employer shall discharge, refuse to hire or in any manner retaliate against an employee, applicant for employment or customer because that employee, applicant or customer exercises any rights afforded by this Act or reports or attempts to prosecute a violation of this Act.

Smoking and Tobacco Use in the Workplace in South Carolina (SC)

No Smoking Requirements

The South Carolina Clean Indoor Air Act prohibits all individuals from smoking or possessing lighted smoking material in any form in certain public indoor areas, such as schools, health care facilities, government buildings, elevators, public transportation vehicles, theaters and others.

However, smoking areas may be designated within some of these places, as provided in the law. When this is the case, the owner, manager or agent in charge of the premises or vehicle where smoking is allowed must:

• Conspicuously display signs designating smoking and nonsmoking areas alike; and
• Make every reasonable effort—such as by using physical barriers and ventilation systems—to prevent smoking areas from impinging on designated smoke-free areas. 

Failure to comply with the Clean Indoor Air Act may result in criminal fines of between $10 and $25.

Protection for Off-duty Use

South Carolina law prohibits all employers in the state from making any employment decision based on an individual’s use of tobacco products outside the workplace.

In addition, employers may not require any person to submit to any form of testing to determine whether nicotine or other tobacco residue is present in the person’s body.

More Information

More information is available from the South Carolina Department of Health and Environmental Control.

Smoking and Tobacco Use in the Workplace in South Dakota (SD)

No-Smoking Requirements

In general, South Dakota law requires all employers in the state to:

• Prohibit smoking and possession of lighted tobacco products in all enclosed places of employment; and
• Inform anyone violating these smoking restrictions of the law.

Protection for Off-duty Use

In South Dakota, it is a discriminatory or unfair employment practice for an employer to terminate the employment of an employee due to that employee’s engaging in any use of tobacco products off the employer’s premises during non-working hours unless a restriction relates to a bona fide occupational requirement or it is necessary to avoid a conflict of interest with the responsibilities of the employer. Employers that violate this provision may face civil lawsuits for damages, including all wages and benefits lost.

Despite the prohibition against discrimination based on smoker status, health or life insurance policies may make a distinction between employees for the type or cost of coverage based upon the employees’ use of tobacco products.

More Information

More information is available from the South Dakota Department of Labor & Regulation.

Smoking and Tobacco Use in the Workplace in Tennessee (TN)

A growing number of states have passed laws requiring employers to prohibit smoking in the workplace. Tennessee passed the Non-Smokers Protection Act, which prohibits smoking in all enclosed public places.

Where Is Smoking Prohibited?

Smoking is prohibited in all enclosed public places. Enclosed public places include:

• Aquariums, galleries, libraries and museums;
• Areas available to and customarily used by the general public in businesses and non-profit entities patronized by the public including, but not limited to, banks, laundromats, factories, professional offices and retail service establishments;
• Childcare and adult day care facilities;
• Convention facilities;
• Educational facilities, both public and private;
• Elevators;
• Health care facilities;
• Hotels and motels;
• Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes and other multiple-unit residential facilities;
• Polling places;
• Public and private transportation facilities, including trains, buses, taxicabs and airports under the authority of state or local governments, and ticket, boarding, and waiting areas of public transit depots;
• Restaurants;
• Restrooms, lobbies, reception areas, hallways and other common-use areas;
• Sports arenas, including enclosed public places in outdoor arenas; and
• Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals or other similar performances.
• Retail stores;
• Service lines;
• Shopping malls;

Exemptions

Smoking is permitted in the following areas:

• Venues that restrict access to people who are 21 years of age or older at all times, such as bars (must meet specific criteria);
• Rooms for sleeping in hotels, motels and other lodging facilities designated as smoking rooms, as long as not more than 20 percent of sleeping rooms are designated (must meet specific criteria);
• All premises of any manufacturer, importer, or wholesaler of tobacco products, all premises of any tobacco leaf dealer or processor and all tobacco storage facilities;
• Non-enclosed areas of public places, including:
  1. Open air patios, porches or decks;
  2. Any area enclosed by garage type doors on one or more sides when all doors are completely open; and
  3. Any area enclosed by tents or awnings with removable sides or vents when all sides or vents are completely removed or open.
• Certain areas of nursing homes and long-term care facilities;
• Private businesses with three or fewer employees where, at the discretion of the business owner, smoking may be allowed in an enclosed room not accessible to the general public;
• Private clubs, unless the club was established solely for the purpose of avoiding compliance with the Non-Smoker Protection Act;
• Private homes, private residences, and private motor vehicles, unless the home, residence, or motor vehicle is being used for child care or day care, the public transportation of children or as part of health care or day care transportation;
• Retail tobacco stores that prohibit minors on their premises; and
• Commercial vehicles when the vehicle is occupied solely by the operator.

Enforcement

Employers must take steps to ensure that no smoking occurs in its place of employment. Employers must notify and inform all existing and prospective employees that smoking is prohibited. In addition, if customers, staff or visitors are seen smoking in a place of employment, the employer/owner must tell them (or have a member of their staff tell them) not to smoke indoors.

Signs

Employers are required to post "No Smoking" signs or the international "No Smoking" symbol at every entrance to every public place and place of employment where smoking is prohibited. Approved signs are on the Tennessee Department of Health website.

Smoking and Tobacco Use in the Workplace in Texas (TX) 

A growing number of states have passed laws requiring employers to prohibit smoking in the workplace. Texas law doesn’t specifically address smoking in private workplaces. However, Texas law does prohibit smoking in certain specified places.

Where Is Smoking Prohibited?

Under Texas law, smoking is explicitly prohibited in all of the following places:

• Public Primary or secondary schools;             
• Elevators;
• Enclosed theaters or movie houses;               
• Libraries;
• Museums;  
• Hospitals;
• Transit system buses; and   
• Intrastate buses, planes or trains which are public places.

Although Texas state law does not specifically address smoking in private workplaces, many localities throughout Texas impose their own smoking bans. Employers should consult the law of the locality where their business is located.

Exemptions

Smoking in prohibited areas is permitted if the person smoking tobacco is:

• Entirely within areas designated for smoking tobacco; or
• A participant in an authorized theatrical performance.

An area designated for smoking tobacco on a transit system bus or intrastate plane or train must also include the area occupied by the operator of the transit system bus, plane or train.

Compliance

All public places where smoking is prohibited must be equipped with facilities for extinguishing smoking materials, such as ashtrays or other receptacles used for disposing of smoking materials.

In addition, all public places where smoking is prohibited must prominently display a reasonably sized “No Smoking” notice. Signs must note that smoking is prohibited by state law in the public place and an offense is punishable by a fine of up to $500.

Smoking and Tobacco Use in the Workplace in Vermont (VT)

(Sourced from the Vermont Department of Health)

In Vermont, smoking laws ban the possession of lighted tobacco products in nearly all the common areas of indoor “places of public access.” This includes any place of business that serves the public or that the public has access to use – both public and privately owned and for profit or not-for-profit organizations. This law prohibits the use of tobacco substitutes such as electronic cigarettes, and any electronic or battery powered device that delivers nicotine or other substances into the body through inhaled vapor, are also prohibited.

Where does the Smoking in Public Places Law Apply?

The law applies to any places of public access. A “place of public access” refers to any place of business, commerce, banking, financial services, or other service related activities. Examples include:

• Common areas of multi-unit housing
• Buildings and offices
• Means of transportation
• Common carrier waiting rooms, like bus stations
• Arcades, libraries, theaters, concert halls, auditoriums, arenas, shopping malls, etc.
• Restaurants, bars, and cabarets, including private clubs and bars
• Retail and grocery stores
• All areas of hotels and motels, including lobbies, guest quarters, hallways, elevators, restaurants, restrooms, and cafeterias
• Buildings or facilities owned or operated by social, fraternal, or religious clubs
• Common areas of nursing homes and hospitals and all grounds of any state-owned or operated hospital or residential recovery facility
• Within 25 feet of all state-owned buildings and offices, excepting areas not owned by the state

Private schools are included. A separate Vermont law bans all tobacco use and the use of tobacco substitutes (e.g. e-cigarettes) on the grounds of public schools, at school-sponsored events, and at licensed childcare centers at all times and by all persons. Tobacco and tobacco substitute use is prohibited at licensed childcare homes while children are in care. A separate Vermont law bans smoking in cars when a child in a car seat or booster seat is present. The Smoking in Public Places Law also applies to publicly owned buildings and offices which include indoor places or portions of places that are owned, leased, or rented by state, county or municipal governments, or by agencies supported by taxes.

What does an owner, manager or employee do if a patron is smoking a cigarette or using tobacco substitutes?

• The law requires that the owner, manager, or employee ask the person to put out the cigarette or cease using the tobacco substitute.
• If the person refuses then the law directs the owner, manager or employee to ask the person to leave.
• If the person refuses to leave then you may call a local police officer. A member of the public can also call the police.

What are the penalties for violating the Smoking in Public Places Law?

A person who is smoking in a public place, and an owner who does not take action as noted above, are both subject to penalties for noncompliance, that can include fines and other civil or criminal penalties.

Smoking and Tobacco Use in the Workplace in Virginia (VA)

A growing number of states have passed laws requiring employers to prohibit smoking in the workplace. The Virginia Indoor Clean Air Act regulates smoking in indoor areas.

Cities or towns in Virginia may impose stricter local laws prohibiting smoking. Employers must follow the most restrictive laws.

Where Is Smoking Prohibited?

The Virginia Indoor Clean Air Act, which is enforced by the Virginia Department of Health, prohibits smoking in many public places. Specifically, smoking is prohibited in:

• Elevators, except in any open material hoist elevator not intended for use by the general public;
• Public school buses;
• The interior of any public elementary, intermediate and secondary school;
• Hospital emergency rooms;
• Local or district health departments;
• Polling rooms;
• Indoor service and cashier lines;
• Public restrooms in any building owned or leased by the state or any state agency;
• The interior of a licensed child day center that is not also used for residential purposes (not including any area of a building not utilized by a child day care center);
• Public restrooms of health care facilities; and
• Restaurants.

E-cigarettes

Vaping (e-cigarette usage) is prohibited only on school property, due to lack of FDA approval for e-cigarettes as cessation devices. All other indoor places, including bars and restaurants, are exempt from the state's regulations. Localities may regulate vaping more stringently than the state.

Restaurants

Smoking is generally prohibited in all restaurants. However, exceptions apply in the following areas of a restaurant:

• Food preparation facilities for catering services (including pushcart operations and hot dog stands);
• An outdoor area of a restaurant, unless it is enclosed by any screened walls, roll-up doors, windows or other temporary enclosures;
• A restaurant located on the premises of a tobacco products manufacturer;
• A private club;
• Any area of a restaurant that is used exclusively for private functions; and
• Any area of a restaurant that:
• Is structurally separated from any area where smoking is prohibited and to which ingress and egress is through a door;
• Is separately vented to prevent the recirculation of air to the area where smoking is prohibited; and
• Has at least one public entrance to the restaurant into an area where smoking is prohibited.

In addition, employers may designate rooms where smoking is permitted in places where smoking is not otherwise prohibited, except for in restaurants, if:

• Designated smoking areas do not encompass so much of the building, structure, space, place or area open to the general public that reasonable no-smoking areas are not provided;
• Designated smoking areas are separate to the extent reasonably practicable from those rooms or areas entered by the general public in the normal use of the particular business or institution; and
• In designated smoking areas, ventilation systems and existing physical barriers are used when reasonably practicable to minimize the circulation of smoke into no-smoking areas (to accomplish this, employers are not required to make physical modifications or alterations to any structure).

Local Ordinances

Virginia employers must also be aware of local ordinances regulating smoking in the workplace. Under the Virginia Indoor Clean Air Act, local smoking bans adopted after Jan. 1, 1990, may not require stricter standards than those imposed by state law. However, local ordinances adopted before Jan. 1, 1990 are valid regardless of their consistency with the Virginia Indoor Clean Air Act.    

Local ordinances may allow private-sector employers to regulate smoking in the workplace as they deem appropriate as long as:

• The designation of smoking and non-smoking areas is agreed upon, in writing, between the employer and its employees; and
• Total bans on smoking in the workplace are agreed to by a majority of employees through a vote, unless such a ban is a contractual condition of employment.

Posting Requirement

Employers subject to the Virginia Indoor Clean Air Act are required to post “Smoking Permitted” signs, “No Smoking” signs or “No-Smoking Section Available” signs in an appropriate place. Signs must be posted in a clear, conspicuous and sufficient manner. Approved signs may be obtained from the Department of Health or by clicking here.

Smoking and Tobacco Use in the Workplace in Washington (WA)

A growing number of states have passed laws requiring employers to prohibit smoking in the workplace. Washington’s Smoking in Public Places Law regulates smoking in public places and places of employment. Cities or towns in Washington may impose stricter local laws regarding smoking in the workplace. Employers must follow the most restrictive laws.

Where Is Smoking Prohibited?

The Smoking in Public Places Law prohibits smoking in public places. In addition, all employers are responsible for providing a smoke-free environment for all employees working in places of employment.

The term “public place” refers to a portion of any building or vehicle used by and open to the public. Examples of public places include, but are not limited to:

• Schools and educational facilities
• Museums
• Indoor sports arenas
• Public conveyances or transportation facilities
• Concert halls
• Theaters
• Exhibition halls
• Bars and taverns
• Waiting areas and lobbies
• Hospitals, nursing homes and healthcare facilities
• Elevators
• Enclosed shopping centers
• Retail stores
• Bowling alleys and skating rinks
• Public restrooms
• Auditoriums
• Restaurants
• Casinos
• Libraries
• No less than 75% of the sleeping quarters within a hotel or motel that are rented to guests.

Examples of places of employment include:

• Entrances and exits to the places of employment;
• Within 25 feet from entrances, exits, windows that open and ventilation intakes that serve an enclosed area where smoking is prohibited;
• Work areas;
• Restrooms;
• Conference rooms and classrooms; and
• Breakrooms and cafeterias.

Exemptions

Smoking is permitted in the following areas:

• A private residence or home-based business, unless used to provide licensed childcare, foster care, adult care or other similar social service care on the premises; and
• A private enclosed workplace within a public place.

E-cigarette Use

E-cigarette use is prohibited in and on grounds of childcare facilities, schools, playgrounds, school buses, elevators, within 500 feet of schools, in indoor early learning facilities, in vehicles used to transport children and outdoors on property during non-business hours in a place that would not be considered a “public place” and at least 25 feet from entrances, windows and vents.

Posting Requirement

Employers are required to post “no smoking” signs at the entrance to every place of employment. In the case of retail stores and retail service establishments, signs must be posted conspicuously at each entrance and in prominent locations throughout the establishment.

Smoking and Tobacco Use in the Workplace in West Virginia (WV)

No-Smoking Requirements

West Virginia currently has no state laws restricting smoking in private workplaces.

Protection for Off-duty Use

Under West Virginia labor laws, it is unlawful for any employer in the state to refuse to hire an individual, discharge an employee or otherwise to disadvantage or penalize an employee with respect to compensation, terms, conditions or privileges of employment solely because the individual uses tobacco products off the employer’s premises during nonworking hours.

Smoking and Tobacco Use in the Workplace in Wisconsin (WI)

A growing number of states have passed laws requiring employers to prohibit smoking in the workplace. Wisconsin’s Smoke-Free Air Law regulates smoking in public places and workplaces, whether publicly or privately owned, including taverns and restaurants.

Where Is Smoking Prohibited?

Smoking is prohibited in all enclosed places that are public places or places of employment.  An enclosed place is a structure that has a roof and more than two substantial walls. A public place is any place that is open to the public regardless of whether a fee is charged, or a place where the public has lawful access or may be invited.

Places of employment include any enclosed place that employees normally frequent during the course of employment, including:

• Offices;
• Classrooms;
• Work areas;             
• Hallways and lobbies;
• Elevators and stairways;
• Employee lounges and common areas;
• Restrooms;               
• Conference and meeting rooms;      
• Vehicles; and
• Employee cafeterias.

An employer may NOT designate rooms or parts of rooms as smoking areas.

Exemptions

Smoking is permitted in the following areas:

• A private residence;
• A retail tobacco store or tobacco bar in existence since June 3, 2009;
• A room used as a residence by only one person in an assisted living facility or such a room in which all occupants have requested in writing to be allowed to smoke; and
• Tribal casinos or facilities (due to tribal sovereignty provided under federal law).

Outdoor smoking areas may be designated by taverns, restaurants, private clubs or retail establishments that are a “reasonable distance” from any entrance to the facility so that customers, employees and others associated with the business may smoke. A municipal smoking ordinance may not define the term “reasonable distance,” nor may it specify a minimum measured distance.

Compliance

Each facility is responsible for making reasonable efforts to prohibit illegal smoking. Each employer must:

• Post no-smoking signs at the entrance and exit areas of the building along with other areas of the building where smoking is prohibited;
• Refuse to serve a person who is smoking in a tavern, restaurant or private club;
• Ask a person who is smoking to stop;
• Ask a person to leave if he or she refuses to stop smoking; and
• Call the police if the patron or employee who is smoking refuses to leave.

Additionally, bartenders may not provide matches, ashtrays or other smoking-related equipment.

Discrimination

An employer may not discriminate against an employee for smoking offsite during non-work hours. However, employees may not use tobacco products that impair the employee's ability to perform job tasks or conflict with a genuine occupational requirement.

It is not discrimination to have insurance policies with different coverage and rates for smokers and nonsmokers if the difference is based on cost to the employer, and each employee is given a written statement of carriers' rates.

Smoking and Tobacco Use in the Workplace in Wyoming (WY)

No-Smoking Requirements  

Wyoming currently has no state laws restricting smoking in private workplaces.  

Protection for Off-Duty Use 

The Wyoming Fair Employment Practices Act prohibits employers with 2 or more employees, from:

• Requiring, as a condition of employment, that an employee or applicant use or refrain from using tobacco products outside the course of employment; and
• Otherwise discriminating against an individual in compensation or the terms, conditions or privileges of employment based on use or nonuse of tobacco products outside the course of employment (unless not using tobacco products outside the workplace is a bona fide occupational qualification).

This law does not prohibit an employer from offering, imposing or having in effect a health, disability or life insurance policy distinguishing between employees for type or price of coverage based upon the use or nonuse of tobacco products if:

• Differential rates assessed employees reflect an actual differential cost to the employer; and
• Employers provide written notice to employees setting forth the differential rates imposed by insurance carriers.

More Information  

More information is available from the Wyoming Department of Health.