(A) Option of prohibition. An employer may prohibit smoking in a workplace, or the employer may permit smoking in a workplace as provided by this section.
(B) Smoking only in designated area. An employee (or employer) may not smoke in a workplace except in a designated smoking area.
(C) Written policy required.
(1) An employer must adopt a written smoking policy. If smoking is to be permitted, the policy must include provisions that comply with this section.
(2) The employer must communicate the policy to each employee and to each new employee.
(3) The employer must post the policy in the workplace within three weeks of its adoption.
(D) Designated smoking area.
(1) An employer that permits smoking in the workplace shall designate one or more smoking areas for use by its employees. An employee smoking area may include a private enclosed office.
(2) A designated area:
(a) Must be located in an area accessible to employees but not accessible to the general public except by express invitation of the employer or an employee; and
(b) Must meet the provisions of § 94.05.
(3) A designated smoking area may not:
(a) Include an area with a food or drink dispensing facility intended for use by all employees;
(b) Include a restroom commonly used by nonsmoking employees; or
(c) Be located in a common employee work area.
(E) Sign required. An employer shall post a sign in each employee smoking area stating that the area is a designated smoking area. The sign must be visible to employees and to the public.
(Ord. 5-06, passed 4-10-2006)