Legislation passed earlier this year changes some of the rules relating to smoking in the workplace and expand already-existing smoke-free workplace protections. The changes were effective on June 9, 2016.
Existing law prohibits employers from knowingly or intentionally allowing tobacco products to be smoked at a place of employment or in an enclosed space. The existing ban on smoking in the workplace also covers non-employees.
On May 4, Governor Brown signed a package of bills relating to smoking. In part, the new legislation will:
- Treat the use of e-cigarettes and other nicotine-delivery devices, such as vaporizers, as “smoking” thereby extending existing smoking bans to cover such products.
- Expand smoke-free workplace protections by eliminating most of the existing exemptions that permitted smoking in certain work environments, such as bars, hotel lobbies, warehouse facilities and employer-designated smoking break rooms.
- Expand the workplace smoking ban to include owner-operated businesses.
- Raise the legal smoking age from 18 to 21, except for active military personnel.
These measures took effect on June 9, 2016.
In addition, when non-employees enter the workplace on a regular basis, 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 if they refuse to stop smoking;
- Make a request to a non-employee to refrain from smoking under circumstances involving a risk of physical harm to your employees.
Exemptions Eliminated
When the smoking in the workplace ban was originally enacted, there were certain exemptions for certain employers and specified working environments. However, with the amendment, effective June 9, 2016, most of those exemptions are eliminated.
Owner-Operator Exemption Eliminated
Under previous law, the smoking ban did not apply to an owner-operator business and the owner-operator was the only person working there. The new legislation expands the workplace smoking ban to include owner-operated businesses. The law now covers all employers, including owner-operated businesses.
An “owner-operated business” is one where the owner-operator is the only worker; the business doesn’t have any employees, independent contractors or volunteers.
Small Employer Exception Eliminated
If a business has five or fewer full and part-time employees, the employer could, under prior law, permit smoking in enclosed areas if certain conditions were met, such as not allowing minors in the space and having proper ventilation.
Effective June 9th, this exception was eliminated.
Vaping Also Prohibited Under New Rules
The new legislation also treats the use of e-cigarettes and vaping devices as “smoking” which extends existing workplace smoking bans to cover such products.
Electronic cigarettes and other nicotine-delivery devices are now covered under California’s statewide ban on smoking in the workplace.