(1) Employee stationary work areas;
(2) Elevators, elevator lobbies, stairwells, escalators and hallways;
(3) Indoor service lines;
(4) Employee restrooms;
(5) Vehicles used to transport employees in the scope of their employment;
(6) Conference rooms, meeting rooms, classrooms and auditoriums; and
(7) Medical facilities.
(b) Prohibited Except as Provided in Sections 620.06 and 620.07. Except as provided in Sections 620.06 and 620.07, the possession of lighted smoking materials in any form is hereby prohibited in any area within a place of employment not identified in subsection (a) hereof, including, but not limited to:
(1) Cafeterias, lunchrooms and employee lounges;
(2) Waiting areas and lobbies, except elevator lobbies listed in paragraph (a)(2) hereof; and
(3) Any other enclosed indoor area used by employees.
(c) Responsibilities of Employers. The employer in charge of a place set forth in subsection (a) or (b) hereof shall utilize his or her best efforts to ensure that the following provisions are met with regard to such place:
(1) Smoking policy. Within one week of the effective date of this section, each employer of ten or more employees shall adopt, implement and maintain a written smoking policy which contains, at a minimum, the restrictions in 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 so requests the same and to all new employees within one week of commencing their employment. This paragraph shall not be interpreted or construed to exempt employers of fewer than ten employees from any other requirement of this chapter.
(2) Signs. Signs indicating whether or not smoking is permitted shall be clearly, sufficiently and conspicuously posted in every room, building or other place managed by the employer and regulated by this chapter. 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, elevator lobbies, stairwells, escalators and hallways shall be posted in elevators, in elevator lobbies on each floor and in 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 dispute arising under the employer's smoking policy or this chapter, the rights of the nonsmoker shall be given preference over consideration of the smoker.
(6) Work areas. If, due to the proximity of smokers, size of the work area, poor ventilation or other factors, the restrictions in this section do not reduce the effects of smoke in an employee's work area to the satisfaction of the employee, the employer shall make additional accommodations by reassigning the employee to a different work area, by further restricting smoking in the place of employment or by implementing other measures reasonably designed to minimize or eliminate the effects of smoke on the employee.
(7) 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.
(d) Violations; Penalty.
(1) No person who owns, manages, operates or otherwise controls the use of any establishment subject to the restrictions of this section shall fail to comply with its provisions, except that no violation of this paragraph shall be presumed solely on the basis of a violation of paragraph (d)(2) hereof.
(2) No person shall smoke in any area restricted by this section.
(3) Whoever violates 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 occurs or continues.
(Ord. 93-176. Passed 12-20-93.)