Smoking in the Workplace Law Summaries

Smoking in the Workplace Law Summaries

Connecticut, Smoking in the Workplace Law Summaries

Connecticut's smoking in the workplace law is located in the Connecticut General Statutes at Title 31, Ch. 557, Part II, Secs. 1-21b, 21a-175, 22-201, 31-40q through 31-40s and 51-164m.

DEFINITIONS

“Business facility” means a structurally enclosed location or portion thereof at which employees perform services for their employer. There are specified exceptions (Sec. 31-40q, as amended by P.A. 03-45 (S. 908), L. 2003, effective October 1, 2003).

“Employee” means any person engaged in service to an employer in the business of that employer (Sec. 31-40q, as amended by P.A. 03-45 (S. 908), L. 2003, effective October 1, 2003).

“Employer” means a person engaged in business who has employees, including the state and any of its political subdivisions (Sec. 31-40q, as amended by P.A. 03-45 (S. 908), L. 2003, effective October 1, 2003).

“Smoking” means the burning of a lighted cigar, cigarette, pipe or any other matter or substance that contains tobacco (Sec. 31-40q, as amended by P.A. 03-45 (S. 908), L. 2003, effective October 1, 2003).

WHAT THE EMPLOYER MUST DO

Business facilities.- Effective October 1, 2003, each employer with fewer than five employees in a business facility shall establish one or more work areas, sufficient to accommodate nonsmokers who request to utilize such an area, within each business facility under its control, where smoking is prohibited. The employer shall clearly designate the existence and boundaries of each nonsmoking area by posting signs that can be readily seen by employees and visitors. In the areas within the business facility where smoking is permitted, existing physical barriers and ventilation systems shall be used to the extent practicable to minimize the effect of smoking in adjacent nonsmoking areas (Sec. 31-40q(b), as amended by P.A. 03-45 (S. 908), L. 2003, effective October 1, 2003).

Each employer with five or more employees shall prohibit smoking in any business facility under said employer's control, except that an employer may designate one or more smoking rooms (Sec. 31-40q(c)(1), as amended by P.A. 03-45 (S. 908), L. 2003, effective October 1, 2003).

Each employer that provides a smoking room pursuant to this subsection shall provide sufficient nonsmoking break rooms for nonsmoking employees (Sec. 31-40q(c)(2), as amended by P.A. 03-45 (S. 908), L. 2003, effective October 1, 2003).

Each smoking room designated by an employer pursuant to this subsection shall meet the following requirements (Sec. 31-40q(c)(3), as amended by P.A. 03-45 (S. 908), L. 2003, effective October 1, 2003):

1. air from the smoking room shall be exhausted directly to the outside by an exhaust fan, and no air from such room shall be recirculated to other parts of the building;

2. the employer shall comply with any ventilation standard adopted by (a) the Commissioner of Labor pursuant to Ch. 571, (b) the U.S. Secretary of Labor under the authority of the Occupational Safety and Health Protection Agency;

3. such room shall be located in a nonwork area, where no employee, as part of his or her work responsibilities, is required to enter, except such work responsibilities shall not include any custodial or maintenance work carried out in the smoking room when it is unoccupied; and

4. such room shall be for the use of employees only.

Discrimination.- No employer or agent of any employer shall require, as a condition of employment, that any employee or prospective employee refrain from smoking or using tobacco products outside the course of his or her employment, or otherwise discriminate against any individual with respect to compensation, terms, conditions or privileges of employment for smoking or using tobacco products outside the course of his or her employment, provided any nonprofit organization or corporation whose primary purpose is to discourage use of tobacco products by the general public shall be exempt from this section (Sec. 31-40s, as amended by P.A. 03-45 (S. 908), L. 2003, effective October 1, 2003).

Public places.- Notwithstanding Sec. 31-40q, no person shall smoke (Sec. 19a-342(b)(1), as amended by P.A. 03-45 (S. 908) and P.A. 03-3 (S. 2001), L. 2003, effective October 1, 2003):

1. in any building or portion of a building owned and operated or leased and operated by the state or any political subdivision thereof;

2. in any area of a health care institution;

3. in any area of a retail food store;

4. in any restaurant;

5. in any area of an establishment with a permit issued for the sale of alcoholic liquor pursuant to Sec. 30-20a, 30-21, 30-21b, 30-22, 30-22c, 30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-37c, 30-37e or 30-37f, in any area of an establishment with a permit for the sale of alcoholic liquor pursuant to Sec. 30-23 issued after May 1, 2003, and, on and after April 1, 2004, in any area of an establishment with a permit issued for the sale of alcoholic liquor pursuant to Sec. 30-22a or 30-26;

6. within a school building while school is in session or student activities are being conducted;

7. in any passenger elevator, provided no person shall be arrested for violating this subsection unless there is posted in such elevator a sign which indicates that smoking is prohibited by state law;

8. in any dormitory in any public or private institution of higher education; or

9. on and after April 1, 2004, in any area of a dog race track or a facility equipped with screens for the simulcasting of off-track betting race programs or jai alai games.

This section shall not apply to (Sec. 19a-342(b)(2), as amended by P.A. 03-45 (S. 908) and P.A. 03-3 (S. 2001), L. 2003, effective October 1, 2003):

1. correctional facilities;

2. designated smoking areas in psychiatric facilities;

3. public housing projects;

4. classrooms where demonstration smoking is taking place as part of a medical or scientific experiment or lesson;

5. smoking rooms provided by employers for employees, pursuant to Sec. 31-40q;

6. the outdoor portion of the premises of any permittee listed in item (5) of the list preceding this one, provided, in the case of any seating area maintained for the service of food, at least 75 percent of the outdoor seating capacity is an area in which smoking is prohibited and which is clearly designated with written signage as a nonsmoking area, except that any temporary seating area established for special events and not used on a regular basis shall not be subject to the smoking prohibition or signage requirements of this subparagraph; or

7. any tobacco bar, provided no tobacco bar shall expand in size or change its location from its size or location as of December 31, 2002.

The operator of a hotel, motel or similar lodging may allow guests to smoke in not more than 25 percent of the rooms offered as accommodations to guests (Sec. 19a-342(c), as amended by P.A. 03-45 (S. 908) and P.A. 03-3 (S. 2001), L. 2003, effective October 1, 2003).

In each room, elevator, area or building in which smoking is prohibited by this section, the person in control of the premises shall post or cause to be posted in a conspicuous place signs stating that smoking is prohibited by state law. Such signs, except in elevators, restaurants, establishments with permits to sell alcoholic liquor to consumers issued pursuant to Ch. 545, hotels, motels or similar lodgings, and health care institutions, shall have letters at least four inches high with the principal strokes of letters not less than one-half inch wide (Sec. 19a-342(d), as amended by P.A. 03-45 (S. 908) and P.A. 03-3 (S. 2001), L. 2003, effective October 1, 2003).

Any person found guilty of smoking in violation of this section, failure to post signs as required by this section or the unauthorized removal of such signs shall have committed an infraction (Sec. 19a-342(e), as amended by P.A. 03-45 (S. 908) and P.A. 03-3 (S. 2001), L. 2003, effective October 1, 2003).

The provisions of this section shall supersede and preempt the provisions of any municipal law or ordinance relative to smoking effective prior to, on or after October 1, 1993 (Sec. 19a-342(g), as amended by P.A. 03-45 (S. 908) and P.A. 03-3 (S. 2001), L. 2003, effective October 1, 2003).

POSTING

See WHAT THE EMPLOYER MUST DO, above.

PENALTIES

An employer who has violated the smoking in the workplace law may be fined not less than $35 nor more than $90 (Title 51, Ch. 881b, Sec. 51-164m).

<p>An employer who has violated the smoking in the workplace law may be fined not less than $35 nor more than $90 (Title 51, Ch. 881b, Sec. 51-164m).</p>

Connecticut, Smoking in the Workplace Law Summaries

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