(a) Employee Work Areas. Any employee in a place of employment shall have the right to designate his or her stationary work area as a no-smoking area. 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 reassigning the employee to a different work area, expanding the size of the work area subject to the prohibition against smoking, or implementing other measures reasonably designed to minimize or eliminate the effects of smoke on the employee.
(b) Smoking Prohibited. Except as provided in Section 622.04, no person shall possess any lighted smoking material in any form in any of the following areas:
(1) Elevators, stairwells, escalators and hallways;
(2) Indoor service lines;
(3) Employee restrooms;
(4) Vehicles used to transport employees in the scope of their employment;
(5) Conference rooms, meeting rooms, classrooms and auditoriums; or
(6) Medical facilities.
(1) Cafeterias, lunchrooms and employee lounges;
(2) Waiting areas and lobbies; or
(3) Any other enclosed indoor area used by employees.
(d) Responsibility of Employers. The employer of a place provided for in division (a), (b) or (c) of this section shall utilize his or her best efforts to ensure that this section is complied with in regard to such place.
(1) Smoking policy. Within one week of the effective date of this section (Ordinance 1988130, passed December 21, 1988), each employer of ten or more employees shall adopt, implement and maintain a written smoking policy which contains, at a minimum, the restrictions in divisions (a) through (c) of this section, the rights and responsibilities of employees and actions that will be taken to ensure that the policy is effective. The policy shall be communicated to all employees within three weeks of its adoption and at least yearly thereafter. All employers shall supply a written copy of the smoking policy to any prospective employee who requests it, and to all new employees within one week of commencing their employment.
(2) Signs. Signs indicating whether or not smoking is permitted shall be clearly, sufficiently and conspicuously posted in every establishment managed by the employer and regulated by this chapter in such manner as to give adequate notice to employees. The employer shall provide signs indicating that smoking is prohibited to any employee requesting such signs for the purpose of identifying his or her work area as a no-smoking area. Signs indicating that smoking is prohibited in elevators, stairwells, escalators and hallways shall be posted in elevators, elevator lobbies on each floor, and stairwell and escalator entrances on each floor.
(3) Ashtrays. Ashtrays shall be removed from areas where smoking is prohibited, except that an ashtray may be placed by the entrance of a no-smoking area, provided that such area is clearly marked as a no-smoking area.
(4) Enforcement. Persons smoking in violation of the employer's smoking policy or this chapter shall be requested to stop.
(5) Resolution of disputes. In any borderline dispute arising under the employer's smoking policy or this chapter, the rights of all parties shall be fairly and reasonably considered to accomplish the purpose of this chapter.
(6) Nondiscrimination. No employer shall discharge, refuse to hire or in any manner discriminate against any employee or applicant for employment because such employee or applicant exercises, on behalf of himself, herself or others, any right afforded him or her by the employer's smoking policy or by this chapter.
(e) Penalty. Subject to Section 622.09, whoever violates or fails to comply with any of the provisions of this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 698.02. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 1988-130. Passed 12-21-88.)