"Clean Indoor Air Act" Update
On June 13, 2008, the Governor signed SB 246 into law, the new Clean Indoor Air Act, which will take effect in 90 days.
Most employers who are compliant with the 1988 Clean Indoor Air Act have minimal changes to comply with the updated version, but should be aware of differences. Employers who operate "public places" should review the new act carefully. Public places are now defined as:
An enclosed area which serves as a workplace, commercial establishment or an area where the public is invited or permitted. The term includes:
(1) A facility which provides education, food or health care-related services.
(2) A vehicle used for mass transportation. This paragraph includes a train, subway, bus, including a chartered bus, plane, taxicab and limousine.
(3) A train station, subway station or bus station.
(4) A public facility. This paragraph includes a facility to which the public is invited or in which the public is permitted and a private home which provides child-care or adult day-care services.
(5) A sports or recreational facility, theater or performance establishment.
Definitions of "smoking" and "workplace" remain unchanged. Additional definitions have been added to the new law including "cigar bar", "department", "drinking establishment", full service truck stop", "gaming floor", "licenses facility", "night club", "private club", "tobacco shop", "volunteer ambulance service", "volunteer fire company", and "volunteer rescue company." Exemptions also have changes.
Penalties have increased from a fine of $50.00 to $250.00 or as much as $1,000.00.
The Act provides a retaliation provision that states: "A person may not discharge an employee, refuse to hire an applicant for employment or retaliate against an employee because the individual exercises a right to a smoke-free environment required under this act."
BOTTOM LINE: Review and update your current Smoking Policies; consult counsel with questions.
Skarlatos & Zonarich LLP is a full-service law firm with highly skilled professionals dedicated to providing clients with sound advice and aggressive advocacy. For more information, visit skarlatoszonarich.com.
