Smoking in the Workplace Law Summaries

Smoking in the Workplace Law Summaries

Maryland, Smoking in the Workplace Law Summaries

The Maryland Clean Indoor Air Act (Ch. 502 (H. 359), L. 2007), which is summarized below, is effective as of October 1, 2007, but generally prohibits smoking in beginning February 1, 2008. This law is codified in the Annotated Code of Maryland, under the Health-General Article, Title 24, Subtitle 5, Sections 24-501 through 24-511. This law is intended to protect the public and employees from involuntary exposure to environmental tobacco smoke in indoor areas open to the public, indoor places of employment, and certain designated private areas.

Maryland law also prohibits smoking in indoor places of employment under the Labor and Employment Article of the Annotated Code of Maryland, at Title 5, Subtitle 6, Section 5-608. Implementing regulations of the Department of Labor, Licensing and Regulation are adopted as amended, in the Code of Maryland Regulations, under Title 9, Subtitle 12, COMAR 09.12.23, effective February 9, 2009.

DEFINITIONS

“Employer” means, except as provided in Sec. 5-401 of this title, a person who is engaged in commerce, industry, trade, or other business in the state and employs at least one employee in that business; or a public body. “Employer” includes: (1) a person who operates or owns a taxicab business in Baltimore City and leases or rents a taxicab to a licensed taxicab driver, to provide services to the public; (2) a governmental unit or person who engages in a business that directly employs individuals to provide part-time or temporary help to another governmental unit or person; and (3) a governmental unit or person who contracts directly with another governmental unit or person who engages in a business that directly employs individuals to provide part-time or temporary help to another governmental unit or person (Labor and Employment Article Sec. 5-101, as amended by Ch. 502 (H. 359), L. 2007; Sec. 24-501, as added by Ch. 502 (H. 359), L. 2007).

“Place of employment” means a place in or about which an employee is allowed to work (Labor and Employment Article Sec. 5-101, as amended by Ch. 502 (H. 359), L. 2007; Sec. 24-501, as added by Ch. 502 (H. 359), L. 2007).

WHAT THE EMPLOYER MUST DO

Clean Indoor Air Act.- Except as provided in Sec. 24-505 of this subtitle, beginning on February 1, 2008, a person may not smoke in (Sec. 24-504, as added by Ch. 502 (H. 359), L. 2007):

1. an indoor area open to the public;

2. an indoor place in which meetings are open to the public in accordance with Title 10, Subtitle 5 of the State Government Article;

3. a government-owned or government-operated means of mass transportation including buses, vans, trains, taxicabs, and limousines; or

4. an indoor place of employment.

This subtitle does not apply to (Sec. 24-505, as added by Ch. 502 (H. 359), L. 2007):

1. Private homes, residences, including residences used as a business or place of employment, unless being used by a person who is licensed or registered under Subtitle 5 of the Family Law Article to provide day care or child care, and private vehicles, unless being used for the public transportation of children, or as part of health care or day care transportation;

2. A hotel or motel room rented to one or more guests as long as the total percent of hotel or motel rooms being so used does not exceed 25%;

3. A retail tobacco business that is a sole proprietorship, limited liability company, corporation, partnership, or other enterprise, in which (a) the primary activity is the retail sale of tobacco products and accessories; and (b) the sale of other products is incidental;

4. Any facility of a manufacturer, importer, wholesaler, or distributor of tobacco products or of any tobacco leaf dealer or processor in which employees of the manufacturer, importer, wholesaler, distributor, or processor work or congregate; or

5. A research or educational lab for the purpose of conducting scientific research into the health effects of tobacco smoke.

Posters.- Signs that state "smoking permitted in this room" shall be prominently posted and properly maintained where smoking is allowed under Sec. 24-505(2) of this subtitle. The signs shall be posted and maintained by the owner, operator, manager, or other person having control of the area. The letters on the sign shall be at least one inch in height (Sec. 24-506, as added by Ch. 502 (H. 359), L. 2007).

Penalties.- Subject to Sec. 24-508(c) below and except as provided in Sec. 24-508(d) below, a person who violates a provision of this subtitle or a regulation adopted under Sec. 24-507(a) of this subtitle (Sec. 24-508(a), as added by Ch. 502 (H. 359), L. 2007):

1. for a first violation, shall be issued a written reprimand by the secretary or the secretary's designee;

2. for a second violation, is subject to a civil penalty of $100; and

3. for each subsequent violation, is subject to a civil penalty not less than $250.

Penalties may be waived under special circumstances (Sec. 24-508(b), as added by Ch. 502 (H. 359), L. 2007).

An employer who discharges or discriminates against an employee because that employee has made a complaint, has given information to the department in accordance with this subtitle, has caused to be instituted or is about to cause to be instituted a proceeding under this subtitle, or has testified or is about to testify in a proceeding under this subtitle, shall be deemed in violation of this subtitle and shall be subject to a civil penalty of at least $2,000, but not more than $10,000 for each violation (Sec. 24-508(d), as added by Ch. 502 (H. 359), L. 2007).

Waivers.- Waivers from specific provisions of the Clean Indoor Air Act may be applied for in cases of undue financial hardship or where other factors would render compliance unreasonable. Such waivers may not be granted on or after January 31, 2011, and any waiver granted under this section terminates on such date (Sec. 24-509, as added by Ch. 502 (H. 359), L. 2007).

Interaction with local law.- Nothing in Maryland's Clean Indoor Air Act shall be construed to preempt a county or municipal government from enacting and enforcing more stringent measures to reduce involuntary exposure to environmental tobacco smoke (Sec. 24-510, as added by Ch. 502 (H. 359), L. 2007).

Indoor place of employment.- Except as provided in Sec. 24-505 (above), an individual may not smoke or burn any substance containing tobacco in an indoor place of employment. “Indoor place of employment” includes, but is not limited to (COMAR 09.12.23.01, adopted as amended effective February 9, 2009):

1. An indoor work area;

2. A vehicle other than a private vehicle as used in Health-General Article, §24-505(1), Annotated Code of Maryland, when an employee uses it in the course of employment;

3. An employee lounge or restroom;

4. A conference and meeting room

5. A classroom;

6. A cafeteria operated by an employer for use by its employees;

7. A hallway;

8. A restaurant;

9. A bar or tavern;

10. A sleeping room in a hotel or motel; and

11. An assembly, conference, convention, or meeting establishment or enclosed portion of the establishment.

A “Private vehicle”, as used in the Health-General Article, §24-505(1), Annotated Code of Maryland, means an individual's own vehicle (a) being used for nonemployment purposes; or (b) when used in the course of employment and occupied by only one individual (COMAR 09.12.23.01)

Employers must ensure that there is no smoking in an indoor place of employment (COMAR 09.12.23.03). Employers are not required to provide a designated smoking area and are not prevented from prohibiting smoking in other areas of employment not covered here (COMAR 09.12.23.04 and 09.12.23.05).

Law prohibiting smoking in an indoor place of employment under the Labor and Employment Article does not apply to (COMAR 09.12.23.02):

1. Private homes;

2. Residences, including residences used as a business or place of employment, unless being used by a person who is licensed or registered under Family Law Article, Title 5, Subtitle 5, Annotated Code of Maryland, to provide day care or child care; private vehicles, unless being used for the public transportation of children, or as part of health care or day care transportation

3. Private vehicles, unless being used for the public transportation of children, or as part of health care or day care transportation;

4. A hotel or motel room rented to one or more guests as long as the total percent of hotel or motel rooms being so used does not exceed 25%;

5. A retail tobacco business that is a sole proprietorship, limited liability company, corporation, partnership, or other enterprise, in which (a) the primary activity is the retail sale of tobacco products and accessories; and (b) the sale of other products is incidental;

6. Any facility of a manufacturer, importer, wholesaler, or distributor of tobacco products or of any tobacco leaf dealer or processor in which employees of the manufacturer, importer, wholesaler, distributor, or processor work or congregate; or

7. A research or educational lab for the purpose of conducting scientific research into the health effects of tobacco smoke.

Posters.- Employers must post at the entrance to an indoor place of employment a sign stating that smoking is not permitted (COMAR 09.12.23.03).

The Department of Health and Mental Hygiene shall adopt regulations that prohibit environmental tobacco smoke in indoor places of employment not normally open to the general public. Subject to Sec. 5-608(c) below, a person who violates a regulation adopted under this subtitle (Sec. 5-608(a) and (b), as added by Ch. 502 (H. 359), L. 2007):

1. For a first violation, shall be issued a written reprimand by the commissioner or the commissioner's designee;

2. For a second violation, is subject to a civil penalty of $100; and

3. For each subsequent violation, is subject to a civil penalty not less than $250.

There are provisions for waivers of penalties under specified circumstances (Sec. 5-608(c), as added by Ch. 502 (H. 359), L. 2007).

An employer who discharges or discriminates against an employee because that employee has made a complaint under this section, has given information to the department in accordance with this section, has caused to be instituted or is about to cause to be instituted a proceeding under this section, or has testified or is about to testify in a proceeding, shall be deemed in violation of this section and shall be subject to a civil penalty of at least $2,000, but not more than $10,000 for each violation (Sec. 5-608(f), as added by Ch. 502 (H. 359), L. 2007).

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Maryland, Smoking in the Workplace Law Summaries

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