§ 97.04. Regulation of smoking in places of employment.

(A)

It shall be the responsibility of employers to provide smokefree areas for nonsmokers within existing facilities to the maximum extent possible, but employers are not required to incur any expenses to make structural or other physical modifications in providing these areas, nor shall a smoke-free area be required to be maintained in areas designated as smoking areas in this section.

(B)

Within 90 days of the effective date of the ordinance codified in this section, each employer and each place of employment located within the Town shall adopt, implement, make known, and maintain a written smoking policy which shall contain, at a minimum, the following requirements:

(1)

Any employee in a place of employment, other than in a properly designated smoking area, shall be given the right to designate his/her work area as a nonsmoking area, and to post the same with an appropriate sign or signs to be provided by the employer. Smoking shall not be permitted in any such properly posted nonsmoking area, nor shall smoke from other work areas be allowed to pollute such nonsmoking areas;

(2)

Shared work areas must be designated nonsmoking areas unless every member in the work area voluntarily and wilfully agrees otherwise, or unless the work area is a properly designated smoking area;

(3)

Prohibition of smoking in auditoriums, classrooms, conference and meeting rooms, hallways, restrooms, and any other areas where smoking is prohibited by this section;

(4)

Provision and maintenance of separate but substantially equal nonsmoking areas if smoking is allowed in employee lounges or other similar areas provided for the use and enjoyment of employees during breaks and not open to the general public. Smoking shall be prohibited in cafeterias or other areas designated for employee eating;

(5)

In any dispute arising under the smoking policy, the rights of the nonsmoker shall be given precedence, except as to the right of the employer to maintain adequate smoking areas as set forth in this chapter;

(6)

A copy shall be posted in a conspicuous, accessible place upon the premises readily readable by employees;

(7)

Notwithstanding any other provision of this section, every employer shall have the right to designate any place of employment or any portion thereof as a nonsmoking area;

(8)

A private enclosed office work place occupied exclusively by smokers may be declared a smoking area unless otherwise prohibited by this section, even though such an office or work place may be visited by nonsmoking employees.

(1975 Code, § 5-13.04) (Ord. 1990-439, effective 11-9-90)

Cross reference

Penalty, see § 97.99.