Each employer who operates a place of employment in the city shall, within three months of adoption of this subchapter, adopt, implement and maintain a written smoking policy which shall contain, at a minimum, the following provisions and requirements.
(A) (1) Any nonsmoking employee may object to his or her employer about smoke in any portion of his or her place of employment normally frequented by said employee.
(2) Using already available means of ventilation, separation or partition, the employer shall attempt to reach a reasonable accommodation, insofar as possible, between the preferences of nonsmoking and smoking employees.
(3) An employer is not required by this provision to incur any expense, or make structural or other physical modifications to accommodate the preferences of nonsmoking or smoking employees.
(B) (1) If any accommodation which is satisfactory to all affected nonsmoking employees cannot be reached as to any portion of the place of employment about which complaint has been voiced, the preferences of nonsmoking employees shall prevail, to the end that nonsmoking employees may work in a smoke-free environment.
(2) No such portion of the place of employment shall be designated as a smoking area; provided, however, the requirements of this division (B) shall not apply to nonsmoking employees whose job duties include serving of or routine interaction with members of the general public within designated smoking areas, nor to any private enclosed office work space occupied exclusively by smokers, even though such office may be visited by nonsmokers.
(C) The smoking policy shall be announced within three weeks of adoption to all employees working in the place of employment and posted conspicuously in all workplaces under the employers jurisdiction.
(Ord. 1209-1, passed 12-14-2009)