§ 17-72. Regulation in places of employment.

(a)

(1) It shall be the responsibility of employers who employ more than fifteen (15) employees to provide, to the extent reasonably practicable, smoke-free work areas for non-smoking employees who sit or otherwise occupy common workareas in places of employment. Nothing in this section shall be construed to apply to business establishments and nonprofit entities employing fifteen (15) or fewer employees.

(2)

In addition to the provisions of section 17-71 of these regulations, public transportation facilities as employers who employ more than fifteen (15) employees must provide smoke-free work areas for employees who sit or otherwise occupy common work areas.

(b)

Within ninety (90) days after the effective date of these regulations, every employer employing more than fifteen (15) employees and having employees occupying common work areas shall adopt, implement, make known and maintain a written smoking policy which shall contain at minimum, the following requirements:

(1)

That an employee may designate his or her work area as a non-smoking area, which area must be, to the extent reasonably practicable in the employer's discretion, no less than eight (8) feet from an area where smoking is permitted, and shall post such designation with an appropriate sign or signs, to be provided by the employer. If, due to the proximity of persons smoking, size of the work area, poor ventilation or other factors, such designation does not sufficiently reduce the effects of smoke, the employer shall make additional reasonable accommodations by rearranging employee work areas, expanding the size of the smoke-free work area or implementing other measures reasonably designed to minimize or eliminate the effects of smoke on non-smoking employees.

(2)

That smoking may be permitted in private, enclosed offices, and in enclosed areas occupied exclusively by employees who each request, or do not object, that such areas be designated for smoking, even though such areas may be visited in the normal business by other persons or employees, provided there is adequate exhaust ventilation in accordance with section 17-104(a).

(3)

Prohibition of smoking in auditoriums, classrooms, elevators, hallways, restrooms, employee medical facilities, and rooms or areas containing photocopying or the office equipment used in common by employees. Smoking is prohibited in conference rooms and meeting rooms unless each and every person present in the room consents to permit smoking therein provided there is adequate exhaust ventilation in accordance with section 17-104(a).

(4)

The designation of non-smoking areas in cafeterias lunchrooms and employee lounges, which areas shall constitute at least fifty (50) percent of the seating capacity or floor space of said areas, whichever is greater and there is adequate exhaust ventilation from the smoking area in accordance with section 17-104(b).

(5)

The establishment of a procedure to resolve disputes arising under the smoking policy in which the health concerns of the employee desiring a smoke-free area shall be given due consideration.

(6)

Protection from retaliatory adverse personnel action to all employees or applicants for employment who exercise, or attempt to exercise, any right granted under the written smoking policy pursuant to this subdivision. Such adverse personnel action includes, but is not limited to, dismissal, demotion, suspension, disciplinary action, negative performance evaluation, any action resulting in loss of staff, compensation or other benefit, failure to hire, failure to appoint, failure to promote, or any transfer or assignment or failure to transfer or assign against the wishes of the affected employee. The employer shall establish a procedure to provide for the adequate redress of any such adverse personnel action taken against an employee in retaliation for that employee's attempt to exercise his or her rights under this section.

(c)

An employer may designate a separate enclosed room or rooms within a place of employment solely for use by smokers, provided there is adequate exhaust ventilation in accordance with section 17-104(a).

(d)

Employers shall prominently post the smoking policy in the workplace, and shall, within three (3) weeks of its adoption, disseminate the policy to all employees, and to new employees when hired.

(e)

Employers shall supply a written copy of the smoking policy upon request to any employee or prospective employee.

(f)

A copy of the smoking policy shall be provided to the fire department upon request.

(g)

This section shall not be construed to permit smoking in any enclosed areas in which smoking is prohibited pursuant to section 17-71. Where a place of employment is also a public place where smoking is prohibited pursuant to section 17-71, the employer shall nevertheless be required to adhere to the provisions of this section with respect to the private areas to which the general public does not have access.

(h)

Nothing in this section shall be construed to impair, diminish, or otherwise affect any collectively bargained procedure or remedy available to an employee, existing as of the date this regulation is adopted, with respect to disputes arising under the employer's smoking policy or with respect to the establishment of a procedure for redress of any adverse personnel action taken against an employee in retaliation for that employee's attempt to exercise his or her rights under this section. Upon expiration of any such collectively bargained procedure or remedy, the provisions of this section shall take effect.

(Res. No. 80006, § 2.2, 7-12-95)