Smokefree Air Act Frequently Asked Questions from …

    Smokefree Air Act
Frequently Asked Questions from
            Employers

                                James H. Gilliam
                                    BrownWinick
                  666 Grand Avenue, Suite 2000
                    Des Moines, IA 50309-2510
                       Telephone: 515-242-2446
                        Facsimile: 515-323-8546
                E-mail: gilliam@brownwinick.com
When does it become effective?
July 1, 2008
What is the purpose of the
         statute?
 "The purpose of this chapter is to
reduce the level of exposure by the
 general public and employees to
 environmental tobacco smoke in
 order to improve the public health
            of Iowans."
What is prohibited?
  Smoking is prohibited in "all
enclosed areas within places of
employment" and in any "public
            place."
What is the definition of
  "enclosed area"?
  "All spaces between a floor and
ceiling that is contained on all sides
      by solid walls or windows,
    exclusive of doorways, which
extend from the floor to the ceiling."
What is the definition of "place
      of employment"?
"An area under the control of an
employer and includes all areas
  that an employee frequents
      during the course of
 employment or volunteering."
Does the statute provide
      examples?
    "Work areas, private offices,
  conference and meeting rooms,
classrooms, auditoriums, employee
 lounges and cafeterias, hallways,
    medical facilities, restrooms,
elevators, stairways and stairwells,
   and vehicles owned, leased or
     provided by the employer."
Are any vehicles exempt from
     the smoking ban?
· Limousines under private hire
· Vehicles owned, leased or provided by
  a private employer that are for the sole
  use of the driver and are not used by
  more than one person in the course of
  employment as a driver or passenger
· Cabs of motor trucks or truck tractors if
  no nonsmoking employees are
  present.
What is the definition of "public
            place"?
"An enclosed area to which the
 public is invited...or permitted,
  including common areas..."
What is a "common area"?
·   Reception areas   ·   Restrooms
·   Waiting rooms     ·   Elevators
·   Lobbies           ·   Stairways
·   Hallways          ·   Stairwells
Is there any workplace where
     smoking is permitted?
· Outdoor areas that are
  places of employment
· Designated hotel/motel
  smoking rooms
· Retail tobacco stores
Is an employer required to set
   aside a smoking area for
         employees?
No. An employer may declare
    the entire workplace a
      nonsmoking place.
 Is an employer required to
declare the entire workplace
        nonsmoking?
No. However, smoking areas
must be outdoors and not in a
       "public place."
What notice requirements are
 placed on an employer?
· Smoking prohibitions must be
  communicated to all existing and
  prospective employees
· Entrances must have no smoking signs
  posted
· Vehicles must have no smoking signs
  posted visible from vehicle exterior.
· Ashtrays must be removed
What type of sign is required?
· No smoking sign
· International no smoking symbol
· Must contain complaint telephone
  number
· Must contain DPH website
Does the statute create new
  rights for employees?
  Yes. The statute prohibits
retaliation against employees
   who complain under the
   chapter; subject to civil
 penalties of $2,000-$10,000
How is the statute enforced?
·   DPH enforcement/inspection
·   Private legal action
·   Injunctive relief
·   Civil penalties
·   Loss of permit/license
 What civil penalties can be
assessed against employers?
· First violation - $100.00
· Second violation - $200.00
· Third and successive
  violations - $500.00