(A) Within 90 days of the effective date of this subchapter or within 90 days of having first engaged the services of an employee, for employers who are not in operation on the effective date of this subchapter, each employer shall adopt implement and maintain a reasonable written smoking policy which should contain, at a minimum, the following:
(1) Prohibition of smoking in employer conference and meeting rooms classrooms. auditoriums, restrooms, medical facilities, hallways and elevators.
(2) Provision and maintenance of a contiguous no-smoking area of not less than one-half of the seating capacity and floor space in cafeterias, lunchrooms and employee lounges.
(3) Any employee in the workplace shall be given the right to designate his or her immediate work area as a nonsmoking area and to post it with appropriate sign or signs. The policy adopted by the employer shall include a definition of the term “immediate work area” which gives preferential consideration to nonsmokers.
(B) In any dispute arising under the smoking policy, the rights of the nonsmoker shall be given precedence.
(C) Except where other signs are required, whenever smoking is prohibited, conspicuous signs shall be posted so stating, containing all capital lettering not less than one inch in height, on a contrasting background. In lieu of such signs, the international no-smoking logo may be prominently displayed.
(D) The smoking policy shall be communicated to all employees within two weeks of its adoption.
(E) Notwithstanding the provisions of division (A) of this section, every employer shall have the right to designate any working place as a nonsmoking area.
(F) This section is not intended to regulate smoking in the following places and under the following conditions:
(1) A private home which may serve as a workplace except as required pursuant to § 130.128(D).
(2) Any property owned or leased by other governmental agencies.
(3) A private, enclosed workplace occupied exclusively by smokers, even though such a workplace may be visited by nonsmokers, excepting places in which smoking is prohibited by the Fire Marshal or by other law, ordinance or regulation.
(G) An employer who in good faith develops and promulgates reasonable written policy regarding smoking and no-smoking in the workplace shall be deemed to be in compliance with this chapter provided that a policy which designates an entire workplace as a smoking area shall not be deemed a reasonable policy.
('61 Code, § 15.67) (Ord. 930, passed - - ) Penalty, see § 130.999