To start with, an employer is banned from owning or setting up a workplace that is not safe and does not consider the well-being of both the employer and the employees. Irrespective of whether it is a private or a public workplace, smoking is prohibited in all enclosed workplaces including the parking lots, restrooms, elevators and lobbies. Owner-operated businesses are also regulated by these smoking laws even in cases where the owner-operator is the only employee. These smoking laws are also extended the state-owned buildings, bars, gaming rooms, hotel lobbies and nontribal casinos among others. Exception areas to this kind of law include banquet rooms when no food is being served and in truck cabs if no non-smoker employee is present.

In California, no law provides for the accommodation of tobacco smokers, however a designated area can be allocated by an employer in a workplace having five or less employees as long as: it is agreed upon by all employees, no non-smoking employee is required by the nature of his/her job to enter the designated area and that no minor will be allowed to enter the smoking area.

The California law on smoking at the workplace also stipulates that, there should be contagious areas designated and flagged as “no smoking” area in all transportation service rendered for compensation and this should constitute not less than 75% of the entire waiting room area meant for passengers. In publicly owned buildings, used to host stage dramas, outdoor sporting events and performances, signs showing prohibited smoking areas should be posted in a way that they are easily seen by people.

Concerning workplace smoking, the local government (e.g. at the county level) may require an employer to have a written policy regarding smoking at the workplace. The California law does not however address these employer policies.

Violation of these tobacco laws is punishable by a fine of not more than $100 for the first violation. In case you violate the smoke laws again in the same year the fine can amount up to $200 and any other subsequent violation in the same year calls for a fine of not more than $500.

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In California, an employer is prohibited from maintaining a place of employment that is not secure or healthy. Section 5148 of the California Code of Regulations bars smoking in any place of employment. Workplace smoking laws apply to working environments where more than five employees work. Smoking is prohibited in all enclosed private and public workspaces, lounges, covered parking lots, restrooms, lobbies, stairwells, and elevators. Smoking is allowed in special smoking rooms and warehouses of an area more than 100,000 sq.ft., where less than 20 employees work.

The Role of the Employer

An employer must take a proven and reasonable step towards preventing smoking at workplaces. Signs must be posted in non-smoking areas. He/she should not permit smoking in any enclosed place of employment. Instead, the employer may also designate special smoking areas in the workplaces where smoking can be permitted or he/she can also claim an entire area of the office as a non-smoking area. And if at all an employer wants to permit one of his five or fewer employees for smoking, then he may allow only if:

– All his employees don’t have a problem and agree to it.

– Minors are not allowed inside the designated smoking area.

– No other employee needs to enter the designated area for any work.

Requirements for Designated Smoking Area

The designated smoking area should be a non-work area as well. There should be no need for any employee to enter or use that area for work purposes. The area should have properly fitted exhaust fans that can exhaust the air directly outside so that the unclean air doesn’t get circulated to other rooms of the office building.

Accommodation for Non-smokers

Break rooms are designated in all the offices. In California, there are break rooms especially for smokers while there are break rooms for non-smokers as well.

Written/Oral Employer Policies

Local laws that help in regulating smoking may need employers to make a policy on some areas. Though it is not a compulsion by the legislation in California, employers are free to adopt or make policies for smoking in their workplaces. But the employer doesn’t have the right to throw out or differentiate between any of his employees for smoking, away from the workplace premises during the non-working hours.

Violation of Workplace Smoking Laws

Any violation of workplace smoking laws will cost you with a fine of $100 when violated for the first time, $200 when violated for the second and $500 when violated for the third time in the period of one year.

Know Your Law

If you want to know more about California workplace smoking law or want to refer to the concerned law, they will be available at Cal. Lab Sections 96, 98.6, 6404.5.

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