In 1995 California’s ban on smoking in the workplace was implemented prohibiting employers from knowingly or intentionally permitting the smoking of tobacco products at work, including lobbies, lounges, waiting areas, stairwells, elevators and restrooms, or in an enclosed space. The existing ban on smoking in the workplace also covered non-employees.Governor Brown recently signed legislation to expand the prohibition of smoking in the workplace.
Smoking Ban Expanded
- Eliminates the ability of employers to have designated smoking break rooms;
- Added “vaping” devices and e-cigarettes that contain nicotine to the prohibition of use in the workplace as these are now included in the definition of “smoking”;
- Raised the legal smoking age from 18 to 21, except for active military personnel.
Smoking & Non-Employees
If the business regularly permits non-employees to enter the workplace, an employer must take the following steps to comply with the statewide smoking ban:
- Where smoking is prohibited throughout the building, a sign stating “No Smoking” must be posted at each entrance to the building;
- Where smoking is permitted in designated areas of the building under one of the law’s limited exceptions, a sign stating “Smoking Is Prohibited Except in Designated Areas” must be posted at each entrance to the building;
- Non-employees who are smoking must be requested, where appropriate, to refrain from smoking. The law does not define when it is appropriate to make a request.
The law does not require an employer to:
- Physically eject a non-employee from the workplace; or
- Make a request to a non-employee to refrain from smoking under circumstances involving a risk of physical harm to your employees.
Exemptions Eliminated
Previously smaller businesses (5 or fewer employees) could permit smoking in the workplace if certain conditions were met; however, that exemption has been eliminated. Now all employers, regardless of size, are covered by the smoking ban.
Also, prior law did not apply to an owner-owned business if the owner was the only person working at the location. That exception no longer exists; the law will now cover all employers, including owner-operated businesses.
Fines for Non-Compliance
A violation of the law will be considered an infraction, punishable by a fine not to exceed one hundred dollars ($100) for a first violation, two hundred dollars ($200) for a second violation within one year, and five hundred dollars ($500) for a third violation and for each subsequent violation within one year.
This information is intended to provide guidance in the area of employment law and is provided as a service of the Firm. While every effort has been made to ensure the accuracy of the information contained in this bulletin, it is not intended to serve as “legal advice”. If additional information or assistance is needed on any of the topics contained in this informational package or any other matter, please feel free to contact Cynthia Elkins for further information. All rights reserved. © 2016