The Technical

The new laws which we will be looking at are labeled the following: ABX2-7, ABX2-9, ABX2-11, SBX2-5and SBX2-7. Those readers who are fluent in legal language can follow those links to the official California Legal Information website.

What These Changes Mean

Technical language can be difficult, so to avoid confusion we’ve simplified it down to just what you need to know:

• The minimum smoking age has been raised from 18 to 21.

This means that any current smokers between those two ages are no longer going to legally be able to purchase tobacco and tobacco products until they again reach the legal age. Buying these products is also not possible until the user is at least 21 years of age.

• These laws apply to traditional tobacco products such as cigarettes, chew and cigars, in addition to vaporizers and e-cigarettes.

These modern devices had slightly outpaced the laws regarding tobacco use, so changes had to be made for these laws to catch up. This means that if you were wanting or intending to use the devices to circumvent the law, this is not possible.

• These smoking restrictions apply to all employers. This includes businesses which are owner-operated and without other employees, provided said businesses allow any clients or non-employees into the workplace.

The idea here is that if a workplace can be accessed by a client, an employee, or any other individual, then smoking is not allowed. This does not apply if a business owner operates out of an area which no other individual can access. There are also other exceptions when it comes to a few specific situations, such as private smoking lounges in tobacco stores, or the cabins of large trucks when no non-smoking employees are present.

• Businesses which have allowed smoking up until this point are legally required to change.

There are a few common places in which smoking has long been long accepted. The most popular of these include bars, taverns, warehouses and hotel lobbies. With these new laws in play, any of these businesses which have previously allowed smoking are still required to change.

• Smokers are also party to these rules.

Any tobacco users out there are also required to follow these new smoking restrictions. Any business in which smoking is not allowed by the staff also has these rules extend to the customer.

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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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California smoking restrictions have been changing frequently over the years. There were places which were exempt from previous smoking law regulations. For instance, workplaces with less than five workers were exempted from the restrictions.

But, the update of the law nowadays restricts smoking in public places provided there are other people who access the space for services. For example, even if you own a private workplace where you serve clients, you are prohibited from smoking in such a place.

Minimum smoking age

The minimum smoking age in the previous law was at age 18. But, the new California smoking laws have raised the age to 21. If you used to smoke while you were under 18 years, you are not allowed to smoke under the new laws.

Even though the restrictions apply to all workplaces, some employers such as those who run tobacco shops are allowed to accept smoking in specific places. In cabs of large trucks and private smoking lounges, the employers can enjoy smoking. The previous laws did not restrict employers with less than five workers to limit smoking in workplaces.

The employees were also allowed to smoke during breaks. But, the law in California has enacted and prohibited all forms of smoking in the workplace. It is necessary for you to check out the laws and get updated accordingly.

E-cigarettes are put in the same category as tobacco products

The previous laws did not restrict the use of e-cigs and vaporizers in public places. But under the new laws, the use of e-cigarettes has been categorized as tobacco products.

If you used to use your e-cigarettes in public places, then you should be careful because the law has been changed to restrict the use of e-cigarettes in public places. Other incidences where workers can smoke in workplaces include cases where there are no other nonsmoking workers present.

If you own a car or truck with a private space, you can as well designate the place as a smoking zone where your employees can smoke. But, you should ensure the place where you allow smoking is separate from the areas where you serve your customers or where other employees who don’t smoke will come across.

Vaporizers and e-cigarettes are treated the same way tobacco is treated. If you had complied with the past smoking restrictions in Californian, then it is necessary for you to change your workplace policy and ensure you comply so that you can avoid being in the wrong side of the law.

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The Workplaces in California Where Smoking Is Prohibited and Allowed

The only place where smoking is allowed in any workplace is the designated room or area for smokers. An employer may not allow smoking in an enclosed workplace and should take the necessary steps to prevent the non-employees from smoking indoors. An employer may also decide that all parts of a workplace are non-smoking areas.

Requirements for Smoking Areas in California Workplaces

As per the California law on smoking at the workplace, the smoking regions must be in a non-work area. No employee is allowed to enter the room as part of their job. This is not the case, however, in custodial work where the room is not occupied.

For this to be allowed, the air must be directed outside using a fan and must not be circulated to the other parts of the building.

Employers’ Take on Non-Smokers

Provided there is a break for smokers, there must be enough breaks for the nonsmokers.

The Employers’ Take on Smokers 

There are no required accommodations for smokers. Those employers with five or less than five employees can allow smoking in the designated smoking zones upon meeting these conditions:

• All the employees must agree
• No underage employees are allowed in the smoking area
• No employee is allowed to enter the smoking area while not on break

The Policies Concerning Workplace Smoking in California

The California laws do not address the employer policies concerning smoking in the workplace. However, some local laws regulate smoking in the city, town or county level requires the employers to have a policy on smoking in selected areas. Though it is not required by California law, employers are free to come up with policies on smoking in the workplace if they wish.

Where to Find More Information about California Law on Smoking at the Workplace

The relevant statute where you can find all the required information about this law is Cal. Lab. Code Sections 96, 98.6, 6404.5.

Moreover, you can read more about this in Nolo’s book “Your Rights in the Workplace”, by Barbara Repa (Nolo) and “The Employer’s Legal Handbook”, by Fred Steingold (Nolo).

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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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