Smoking in the Workplace Law Summaries
Kentucky, Smoking in the Workplace Law Summaries
Kentucky's smoking in the workplace law is located in the Kentucky Revised Statutes Annotated at Title XXVII, Ch. 344, Secs. 344.030-344.230, and at Title VIII, Ch. 61.
DEFINITIONS
“Employee” means an individual employed by an employer (Sec. 344.030).
The term does not include an individual employed by parents, spouses, or children, or an individual employed to render services as a domestic in the home of the employer (Sec. 344.030).
“Employer” means a person who has eight or more employees within Kentucky during 20 or more calendar weeks within the current or preceding calendar year and an agent of such a person (Sec. 344.030).
COVERAGE
Employers covered under the discrimination provisions of the state's smoking in the workplace law include persons who have eight or more employees within Kentucky during 20 or more calendar weeks within the current or preceding calendar year and an agents of such persons (Sec. 344.030).
WHAT THE EMPLOYER MUST DO
Discrimination.- Employers may not discharge, discriminate with respect to compensation, terms, conditions or privileges of employment, or refuse to hire an individual because the individual uses or does not use tobacco products outside of the course of employment, as long as the individual complies with any workplace policy concerning smoking (Sec. 344.040).
Employers may not require as a condition of employment that an employee or prospective employee abstain from smoking or using tobacco products during non-working hours, as long as the employee complies with any workplace policy concerning smoking (Sec. 344.040).
Employers may not limit, segregate, classify in any way that would deprive an individual of employment opportunities, or adversely affect the employee status of an individual because the individual uses or does not use tobacco products, as long as the person complies with any workplace policy concerning smoking (Sec. 344.040).
Workplace smoking.-Public workplaces.- Except as otherwise specified for the Capitol and Capitol Annex in Sec. 61.167, a policy for smoking in governmental office buildings or workplaces shall be adopted by state government. This policy shall apply to all state-owned or operated office buildings, workplaces, and facilities, including but not limited to state-operated hospitals and residential facilities for the mentally retarded, state-operated veterans' nursing homes and health facilities, and any correctional facility owned, operated, or under the jurisdiction of the state (Sec. 61.165, as amended by H. 55, L. 2006, enacted April 4, 2006).
Except as otherwise specified for the Capitol and Capitol Annex in Sec. 61.167, any policy relating to smoking in state office buildings or workplaces shall be by executive order of the Governor or action of the General Assembly, and shall (Sec. 61.165, as amended by H. 55, L. 2006, enacted April 4, 2006):
(a) require the governmental authority to provide accessible indoor smoking areas in any buildings where smoking is otherwise restricted; and (b) favor allowing smoking in open public areas where ventilation and air exchange are adequate and there are no restrictions otherwise placed on the area by the state fire marshal or other similar authority; or
prohibit indoor smoking.
Except as otherwise specified for the Capitol and Capitol Annex in Sec. 61.167, a policy for smoking in governmental office buildings or workplaces may be adopted by county, municipal, special district, urban-county, charter county, or consolidated local governments. Any policy adopted under this subsection may apply to any office buildings, workplaces, or facilities that are owned, operated, or under the jurisdiction of that government, including but not limited to jails and detention facilities. Any policy relating to smoking in governmental office buildings or workplaces of counties, municipalities, special districts, urban-county governments, charter county governments, or consolidated local governments shall be adopted in writing by the legislative body of the government and shall (Sec. 61.165, as amended by H. 55, L. 2006, enacted April 4, 2006):
(a) require the government authority to provide accessible indoor smoking areas in any buildings where smoking is otherwise restricted; and (b) favor allowing smoking in open public areas where ventilation and air exchange are adequate and there are no restrictions otherwise placed on the area by the state fire marshal or other similar authority; or
prohibit indoor smoking.
Each board of regents or trustees for each of the state postsecondary education institutions shall adopt a written policy relating to smoking in all buildings owned, operated, or under the jurisdiction of the state postsecondary education institutions that shall (Sec. 61.165, as amended by H. 55, L. 2006, enacted April 4, 2006):
(a) provide accessible indoor smoking areas in any buildings where smoking is otherwise restricted; and (b) favor allowing smoking in open public areas where ventilation and air exchange are adequate and there are no restrictions otherwise placed on the area by the state fire marshal or other similar authority; or
prohibit indoor smoking.
This section shall not apply to state universities, state-operated hospitals and residential facilities for the mentally ill and mentally retarded, state-operated veterans' nursing homes and health facilities, and jails or detention facilities (Sec. 61.165, as amended by H. 55, L. 2006, enacted April 4, 2006).
There shall be no smoking in public areas of the Capitol or Capitol Annex, except as described just below. For purposes of this section, “public area” means any hallway, office shared by more than one person, stairwell, restroom, meeting room, cafeteria, or conference room. The governing authority for each branch of state government, each in regard to space allocated to and occupied by that respective branch of state government, may designate one or more smoking areas in the Capitol and one or more smoking areas in the Capitol Annex. Each smoking area shall be an enclosed area that is not a public area, is clearly designated as a smoking area, and is maintained by a ventilation system that does not disburse the smoke or smoke byproducts into any other area of the Capitol or Capitol Annex (Sec. 61.167).
Tobacco products.- The sale of tobacco products through vending machines to minors under 18 is prohibited, as is the purchase of tobacco products from vending machines by minors under 18. Except for vending machines located in factories and in bars or taverns, where minors are not permitted, any tobacco product vending machine located in a retail establishment must be placed in the line of sight of the establishment's cashier.
Before an employee begins work as a clerk in a retail establishment that sells tobacco products, that person must be notified that the sale of tobacco products to minors under 18 and the purchase of tobacco products by minors under 18 is prohibited. Employees who are already employed in retail establishments that sell tobacco products must be notified of the law within 30 days of the effective date of the law. Employees must signify that they have received notice of the law by signing a form that states:
I understand that under the law of the Commonwealth of Kentucky it is illegal to sell or distribute tobacco products to persons under the age of eighteen (18) years and that it is illegal for persons under the age of eighteen (18) years to purchase tobacco products.
Signed employee notices must be retained by the employer.
A separate prohibition against selling tobacco products to minors under 18 covers anyone who would sell such products to a minor at retail, not just tobacco product stores.
No wholesaler, retailer or manufacturer of tobacco products may distribute tobacco products to any person under 18.
In addition to refraining from selling tobacco products to minors, the employer must post a notice stating that it is illegal to sell tobacco products to persons under 18.
DEADLINES
Employees aggrieved by a smoking discrimination violation must file a charge with the Kentucky Human Rights Commission within 180 days of the date of the occurrence of the alleged violation (Sec. 344.200, as amended by Ch. 318, L. 1996, effective July 15, 1996).
ENFORCEMENT
See ¶18-2500 .
WHO TO CONTACT
Human Rights Commission, The Heyburn Building, 332 West Broadway, 7th Floor, Louisville, KY 40202. Telephone: (502) 595-4024. Fax: (502) 595-4801. TDD: (502) 595-4084.
POSTING
Smoking and nonsmoking areas must have posted signs stating where smoking is and is not allowed. In addition to refraining from selling tobacco products to minors, employers must post a notice stating that it is illegal to sell tobacco products to persons under 18.
See also ¶18-2500 .
PENALTIES
Violation of the tobacco product vending machine laws is punishable by a fine of not less than $10 or more than $25 for each violation.
Violation of the laws regarding the sale to and purchase by minors under 19 of tobacco products and the posting requirement is punishable by a fine of not less than $10 or more than $25 for each violation.
Violation of the law against selling tobacco products to minors under 18 in any retail establishment is punishable by a fine of not less than $10 or more than $25 for the first violation and a fine of not less than $25 or more than $50 for any subsequent violation.
Violation of the prohibition against distributing tobacco products to minors under 18 is punishable by a fine of not less than $100 or more than $250 for each offense.
See also ¶18-2500 (“Affirmative action” ).