1650.03 RESTRICTIONS ON SMOKING IN PLACES OF EMPLOYMENT.

   (a)   Smoking Prohibited. Except as provided in Section 1650.04, the possession of lighted smoking materials in any form is prohibited in any of the following areas within a place of employment:

      (1)   Employee stationary work areas;

      (2)   Elevators, elevator lobbies, stairwells, escalators and hallways;

      (3)   Indoor service lines;

      (4)   Employee restrooms;

      (5)   Conference rooms, meeting rooms, classrooms and auditoriums; and

      (6)   Medical facilities.

   (b)   Smoking Prohibited Except in Designated Sections. Except as provided in Sections 1650.04 and 1650.05, the possession of lighted smoking materials in any form is prohibited in any areas within a place of employment not identified in division (a) hereof, including but not limited to:

      (1)   Cafeterias, lunchrooms and employee lounges;

      (2)   Waiting areas and lobbies except elevator lobbies listed in division (a)(2) hereof; and

      (3)   Any other enclosed indoor area used by employees.

   (c)   Responsibilities of Employers. The employer of a place within divisions (a) or (b) shall utilize his or her best efforts to ensure that the provisions of this section are met with regard to such places.

      (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 divisions (a) through (c) hereof, 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, and to all new employees within one week of commencing their employment. This section shall not be interpreted or construed to exempt employers of fewer than ten employees from any other requirements 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, elevator lobbies on each floor, and stairwell and escalator entrances an 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.

      (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 the smoker's desire to smoke.

      (6)   Work areas. If, due to the proximity of smokers, size of the work area, poor ventilation or other factors, the restrictions in divisions (a) through (c) hereof do not reduce the effects of smoke in an employee's work area to the satisfaction of the employee, the employer shall make additional accommodation by reassigning the employee to a different work area, further restricting smoking in the place of employment or implementing other measures reasonably designed to minimize or eliminate the effects of smoke on the employee.

(1982 Code, § 1519.03) (Ord. 87-48. Passed 11-2-1987.)