(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 710.04, the possession of lighted smoking materials in any form is prohibited in 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; and
(6) Medical facilities.
(1) Cafeterias, lunchrooms and employee lounges;
(2) Waiting areas and lobbies;
(3) Any other enclosed indoor area used by employees.
(d) Responsibilities of Employers. The employer of a place provided for in subsection (a), (b) or (c) hereof shall utilize his or her best efforts to ensure that the provisions of this subsection are met with regard to such places.
(1) Smoking policy. Within one week of the effective date of this chapter, each employer of ten or more employees may adopt, implement and maintain a smoking policy that conforms to this chapter.
(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) Balancing rights. In any dispute arising under the employer's smoking policy or this chapter, the health concerns and rights of the non-smoker shall be given preference, with consideration of the smoker.
(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 rights afforded him or her by the employer's smoking policy or by this chapter.
(Ord. 1989-28. Passed 5-22-89; Ord. 1989-49. Passed 9-25-89.)