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1996-08-23
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@075 CHAP 11
┌───────────────────────────────────────────────┐
│ CALIFORNIA SMOKE-FREE WORKPLACE RULES │
└───────────────────────────────────────────────┘
Beginning January 1, 1995, California law (Assembly Bill 13)
prohibits smoking in most enclosed workplaces in the state.
An enclosed workplace is broadly defined to include almost
any place of employment that has a ceiling and four walls,
such as offices or restaurants. The state law provides the
following exemptions for employers (but doesn't prevent such
regulations from being promulgated by local governments):
. Small businesses with 5 or fewer employees are exempt,
if they meet all four of the following conditions:
- A smoking area must not be accessible to minors;
- Air from any smoking areas must be vented directly
to outside the building;
- Employees may not be required to work in smoking
areas against their will; and
- The employer must comply with all applicable federal
and state ventilation standards.
. Hotels and motels may allow smoking in up to 65 percent
of their guest rooms. Smoking is also permitted in
designated portions of hotel or motel lobbies (up to
25% of the entire space in large lobbies).
. Bars, taverns and gaming clubs are exempted from the
new rules until January 1, 1997, unless federal or state
agencies set smoke-limited standards for them prior to
such date.
. Smoking need not be banned in meeting and banquet rooms
in hotels, motels, restaurants, and convention centers,
except when used for exhibit purposes or when meals are
being served. During such times, smoking may still be
allowed in anterooms or corridors (if no employee is
stationed in such places).
. Smoking is permitted in warehouses with more than 100,000
square feet of floor space and 20 or fewer full-time
employees, but any office space within a warehouse must
be kept smoke-free.
. Tobacco shops and attached private smokers' lounges are
exempted from the no-smoking rules.
. "Break" rooms for employees that are designated for
smoking are allowed, subject to strict ventilation rules,
like those for small businesses.
. Smoking is allowed in truck cabs and tractors, except
when a nonsmoking employee is present.
. Various other exempt places include private residences
(except when used as a licensed child-care facility),
theatrical production sites (if smoking is critical to
the production), medical research or treatment sites
(if necessary for research), and patient smoking areas
of long-term health care facilities.
EMPLOYER REQUIREMENTS
---------------------
If an employer designates a smoking area, signs are to be
posted at each building entrance, stating that "Smoking is
Prohibited Except in Designated Areas." Or, if a building
is to be entirely smoke-free, the employer must clearly
post "No Smoking" signs at all building entrances. If a
non-employee is seen smoking in an enclosed work area where
smoking is not permitted, the employer must ask that person
to refrain from doing so, according to the California
Department of Health Services.