laborlaw
05-25-2005, 02:41 PM
Clearing the Air of Secondhand Smoke:
Protecting the Health of New Yorkers
How does this act affect private offices?
Employees with private offices cannot smoke in their office, or anywhere in the building.
Am I required to provide a smoking break room for my employees?
No. In fact, the Act prohibits employers from providing a smoking break room for employees. Businesses with separately ventilated rooms for their smoking
employees cannot allow smoking in these rooms or anywhere else in the building.
How will the act be enforced?
The owner, manager or operator of an area open to the public, food service establishment, or bar, that is covered by this Act must make a reasonable effort to
prevent smoking.
How can I file a complaint?
Employees and the public may report, confidentially, violations of the Act to their local health departments, county board of health or their district health office for
action. You can find the telephone number in the
government section of your telephone book
Where is smoking prohibited?
The Act states that smoking shall not be permitted and that no person shall smoke in the following indoor areas:
• Places of employment; • Bars; • Restaurants;
• Enclosed indoor swimming areas;
• Public transportation including all ticketing, boarding
and waiting areas; buses, vans, taxicabs and limousines;
• All places of employment where services are offered to children;
• All schools, including school grounds;
• All public and private colleges, universities and other educational and vocational institutions;
• General hospitals;
• Residential health-care facilities, except separately designated smoking rooms for patients;
• Commercial establishments used for the purpose of carrying on or exercising any trade, profession, vocation or charitable activity;
• All indoor arenas;
• Zoos; and
• Bingo facilities.
Where is smoking permitted?
Smoking is permitted in the following areas or businesses:
• Private homes and private residences when not used for day care; private automobiles;
• Hotel or motel rooms rented to one or more guests;
• Retail tobacco businesses (primary activity is the retail sale of tobacco products and accessories, and the sale of other products is merely incidental);
• Membership associations where all duties related to the operation of the association are performed by
volunteers who are not compensated in any manner;
• Cigar bars in existence prior to January 1, 2003 (where 10% or more of total annual gross income is from the sale of tobacco products); and
• Up to 25% of seating in outdoor areas of restaurants with no roof or ceiling enclosure may be designated smoking areas.
“No Smoking” or “Smoking” signs or a sign with the international “no smoking” symbol on it must be prominently posted and properly maintained where smoking is prohibited or permitted.
Protecting the Health of New Yorkers
How does this act affect private offices?
Employees with private offices cannot smoke in their office, or anywhere in the building.
Am I required to provide a smoking break room for my employees?
No. In fact, the Act prohibits employers from providing a smoking break room for employees. Businesses with separately ventilated rooms for their smoking
employees cannot allow smoking in these rooms or anywhere else in the building.
How will the act be enforced?
The owner, manager or operator of an area open to the public, food service establishment, or bar, that is covered by this Act must make a reasonable effort to
prevent smoking.
How can I file a complaint?
Employees and the public may report, confidentially, violations of the Act to their local health departments, county board of health or their district health office for
action. You can find the telephone number in the
government section of your telephone book
Where is smoking prohibited?
The Act states that smoking shall not be permitted and that no person shall smoke in the following indoor areas:
• Places of employment; • Bars; • Restaurants;
• Enclosed indoor swimming areas;
• Public transportation including all ticketing, boarding
and waiting areas; buses, vans, taxicabs and limousines;
• All places of employment where services are offered to children;
• All schools, including school grounds;
• All public and private colleges, universities and other educational and vocational institutions;
• General hospitals;
• Residential health-care facilities, except separately designated smoking rooms for patients;
• Commercial establishments used for the purpose of carrying on or exercising any trade, profession, vocation or charitable activity;
• All indoor arenas;
• Zoos; and
• Bingo facilities.
Where is smoking permitted?
Smoking is permitted in the following areas or businesses:
• Private homes and private residences when not used for day care; private automobiles;
• Hotel or motel rooms rented to one or more guests;
• Retail tobacco businesses (primary activity is the retail sale of tobacco products and accessories, and the sale of other products is merely incidental);
• Membership associations where all duties related to the operation of the association are performed by
volunteers who are not compensated in any manner;
• Cigar bars in existence prior to January 1, 2003 (where 10% or more of total annual gross income is from the sale of tobacco products); and
• Up to 25% of seating in outdoor areas of restaurants with no roof or ceiling enclosure may be designated smoking areas.
“No Smoking” or “Smoking” signs or a sign with the international “no smoking” symbol on it must be prominently posted and properly maintained where smoking is prohibited or permitted.
