California Law on Smoking in the Workplace

The Californian Governor, Brown, signed in new restricting amendments to the already existing workplace laws regulating the use of Tobacco in the workplace. Per the California Health and safety Code, the legislature of California has the power to totally ban or control the use of tobacco in a way consistence with the laws identifying with smoking of tobacco.

To start with, an employer is banned from owning or setting up a workplace that is not safe and does not consider the well-being of both the employer and the employees. Irrespective of whether it is a private or a public workplace, smoking is prohibited in all enclosed workplaces including the parking lots, restrooms, elevators and lobbies. Owner-operated businesses are also regulated by these smoking laws even in cases where the owner-operator is the only employee. These smoking laws are also extended the state-owned buildings, bars, gaming rooms, hotel lobbies and nontribal casinos among others. Exception areas to this kind of law include banquet rooms when no food is being served and in truck cabs if no non-smoker employee is present.

In California, no law provides for the accommodation of tobacco smokers, however a designated area can be allocated by an employer in a workplace having five or less employees as long as: it is agreed upon by all employees, no non-smoking employee is required by the nature of his/her job to enter the designated area and that no minor will be allowed to enter the smoking area.

The California law on smoking at the workplace also stipulates that, there should be contagious areas designated and flagged as “no smoking” area in all transportation service rendered for compensation and this should constitute not less than 75% of the entire waiting room area meant for passengers. In publicly owned buildings, used to host stage dramas, outdoor sporting events and performances, signs showing prohibited smoking areas should be posted in a way that they are easily seen by people.

Concerning workplace smoking, the local government (e.g. at the county level) may require an employer to have a written policy regarding smoking at the workplace. The California law does not however address these employer policies.

Violation of these tobacco laws is punishable by a fine of not more than $100 for the first violation. In case you violate the smoke laws again in the same year the fine can amount up to $200 and any other subsequent violation in the same year calls for a fine of not more than $500.