Each employer shall adopt, implement and maintain a written smoking policy which shall contain, as a minimum, the following provisions and requirements.
(A) Any non-smoking employee may object to his or her employer about smoke in any portion of his or her place of employment normally frequented by the employee. 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 non-smoking and smoking employees. An employer is not required by this provision to incur an expense or make structural or other physical modifications to accommodate the preferences of non-smoking or smoking employees.
(B) If an accommodation which is satisfactory to all affected non-smoking employees cannot be reached as to any portion of the place of employment about which complaint has been voiced, the preferences of the non-smoking employees shall prevail to the end that non-smoking employees may work in a smoke-free environment. However, the requirements of this division (B) shall not apply to any private, enclosed office workspace occupied exclusively by smokers, even though such office may be visited by non-smokers.
(C) The smoking policy shall be announced within three weeks of its adoption to all employees working in the place of employment and posted conspicuously in all work places under the employer’s jurisdiction. A copy of the smoking policy shall be provided to all future employees at the time of their entry into employment.
(1998 Code, § 62-144)