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California has a state-wide smoking regulation which supersedes any city or county regulation.
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| The basics | |
Smoking is prohibited:
- No smoking is allowed in enclosed spaces at places of employment.
- All employers must post "No Smoking" signs at each entrance where smoking is prohibited.
- Employers should request non-employees to refrain from smoking in the enclosed area.
Smoking can be permitted in certain locations if employers place a sign at each entrance stating, "Smoking is prohibited except in designated areas" AND the designated area is a:
- Hotel or motel room or lobby: 65% of guest rooms may be designated smoking; a certain percentage of the lobby area (depending on the square footage) may permit smoking;
- Meeting and banquet rooms, except as connected with food and beverage functions;
- Retail or wholesale tobacco shop;
- Private smoker's lounge;
- Truck cab (unless non-smoking employees are present);
- Warehouse facility with more than 100,000 square feet of total floor space and 20 or fewer full-time employees;
- Private residence, except a licensed family day care home during operating hours and where children are present;
- Patient smoking area in a long-term health care facility;
- Break room (see below).
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| Break rooms | |
Break rooms designated for smoking by employers are permitted if ALL the following conditions are met:
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Air from the rooms shall be exhausted directly outside without being recirculated in the building;
- The employer must comply with Cal/OSHA ventilation standards;
- The smoking room is in a non-work area where no one is required to enter;
- There are enough non-smoking break rooms to accommodate non-smokers.
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| Businesses with 5 or fewer employees | |
Businesses with five or fewer employees can allow smoking if:
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The smoking area is not accessible to minors;
- All employees who enter the smoking area consent to permit smoking;
- Air from the smoking area is exhausted directly to the outside and is not recirculated in the building.
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| Can you prohibit smoking everywhere? | |
Yes. Employers have the right to prohibit smoking in enclosed places of
employment for any reason. |
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| Questions? | |
Visit
http://www.dir.ca.gov/dosh/dosh%5Fpublications/smoking.html or call Cal/OSHA. |
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