(A) Employers shall provide smoke-free areas for non-smoking employees within existing facilities to the maximum extent practicable but employers, owners, operators, managers or other persons who control the premises are not required to make physical modifications in providing these areas.
(B) (1) Each employee shall be able to designate his or her own work area as a non-smoking area, if such work area is not also a public place, and to post the same with an appropriate sign to be provided by the employer.
(2) If, due to the proximity of smokers, size of the work area, poor ventilation or other factors, such designation does not reduce the effects of smoke to the satisfaction of the employee, the employer shall make additional accommodation by assigning the employees to different, but comparable work areas, expanding the size of the work area subject to the prohibition against smoking or implementing other measures reasonably calculated to minimize or eliminate the effects of smoke on the employee.
(C) Every employer shall adopt a smoking policy which shall be communicated to all employees. All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee. In any dispute arising under the smoking policy, the health concerns of the non-smoker shall be given priority.
(D) Notwithstanding any other provision of this section, every employer shall have the right to designate any place of employment, or any portion thereof, as a non-smoking area.
(E) No employer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this section.
(Prior Code, § 94.078) (Ord. 88-152, passed 12-13-1988; Ord. 2017-005, passed 2-27-2017)