(a) Private Employer. Private employers of fifteen or more employees shall, within six months of the effective date of this chapter, develop and institute a written policy regulating smoking in their places of employment. Such policies shall comply with the intent of this chapter and shall be filed with the City Board of Health within six months of their development and institution. The City Board of Health may, upon written request, extend the filing deadline for an additional three months.
(b) Smoking Prohibited Except in Designated Sections. The possession of lighted smoking materials in any form is prohibited in the following areas within a place of employment:
(1) Cafeterias, lunchrooms;
(2) Waiting rooms and lobbies;
(3) Designated individual work stations;
Smoking in other areas within a place of employment, where nonsmoking employees are not required to be, shall be at the discretion of the employer as set forth in Section 1755.05.
(c) Responsibilities of Employers. The employer or other person in charge of a place of employment, within this section, shall utilize his best effort to ensure that the provisions of this section are met with regard to such places.
(1) Smoking policy. 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.
(2) Signs. No-smoking signs indicating that smoking is prohibited shall be clearly, sufficiently and conspicuously posted in no-smoking areas of every building, or other place managed by the employer and regulated by this chapter. The employer shall provide no-smoking signs indicating that smoking is prohibited to any employee requesting such signs for the purpose of identifying his or her work area.
(3) Ashtrays. Ashtrays shall be removed from areas where smoking is prohibited, (except where appropriate to extinguish smoking materials).
(4) Enforcement. Persons smoking in violation of the employer's smoking policy or this chapter shall be ordered to stop. It is not expected that employees and their agents will use whatever means available to bring about compliance with this chapter. The employer shall be ultimately responsible for compliance with this chapter.
(5) 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 his behalf, or on behalf of others, any rights afforded them by the employer's policy or by this chapter.
(6) Balancing rights. In any dispute arising under this section, the rights of nonsmokers shall be given priority consideration, and resolution of such conflicts shall be made according to the intent of this chapter.
(Res. 131. Passed 6-24-92.)