Smoking in the Workplace Law Summaries
The Minnesota Clean Indoor Air Act establishes public policy to protect employees and the general public from the hazards of secondhand smoke by eliminating smoking in public places, places of employment, public transportation, and at public meetings (Ch. 82 (S. 238), L. 2007). Minnesota also has a law relating to the use of lawful consumable products (Minnesota Statutes, Ch. 181, Sec. 181.938).
DEFINITIONS
The following definitions apply to Sec. 181.938 only:
“Employer” includes all persons employing others and all persons acting in the interest of an employer (Sec. 181.938).
The term does not include the state or any of its political or governmental subdivisions (Sec. 181.938).
“Lawful consumable products” means products whose use or enjoyment is lawful and that are consumed during use or enjoyment, and includes food, alcoholic or nonalcoholic beverages, and tobacco (Sec. 181.938).
COVERAGE
Employers covered under the discrimination provisions of Minnesota's smoking in the workplace law include persons employing others and persons acting in the interest of an employer (Sec. 181.938).
Not covered are the state or any of its political or governmental subdivisions (Sec. 181.938).
Minnesota Clean Indoor Air Act.- “Place of employment” means any indoor area at which two or more individuals perform any type of a service for consideration of payment under any type of contractual relationship, including, but not limited to, an employment relationship with or for a private corporation, partnership, individual, or government agency. “Place of employment” includes any indoor area where two or more individuals gratuitously perform services for which individuals are ordinarily paid. A “place of employment” includes, but is not limited to, public conveyances, factories, warehouses, offices, retail stores, restaurants, bars, banquet facilities, theaters, food stores, banks, financial institutions, employee cafeterias, lounges, auditoriums, gymnasiums, restrooms, elevators, hallways, museums, libraries, bowling establishments, employee medical facilities, and rooms or areas containing photocopying equipment or other office equipment used in common. Vehicles used in whole or in part for work purposes are places of employment during hours of operation if more than one person is present. An area in which work is performed in a private residence is a place of employment during hours of operation if (Sec. 144.413, Subd. 1b, as added by Ch. 82 (S. 238), L. 2007):
the homeowner uses the area exclusively and regularly as a principal place of business and has one or more on-site employees; or
the homeowner uses the area exclusively and regularly as a place to meet or deal with patients, clients, or customers in the normal course of the homeowner's trade or business.
EXCEPTIONS
Bona fide occupational qualifications.- There may be exceptions for bona fide occupational qualifications (Sec. 181.938).
Conflict of interest.- An employer can restrict the use of lawful consumable products during non-working hours if it is necessary to avoid a conflict of interest with any responsibilities owed by the employee to the employer (Sec. 181.938).
Relation to employment activities.- An employer can restrict the use of lawful consumable products during non-working hours if such usage is reasonably related to employment activities of a particular employee or group of employees (Sec. 181.938).
Job performance.- An employer can discharge, discipline or refuse to hire an individual who engages in the use of lawful consumable products during non-working hours if such usage effects the individual's past or present job performance (Sec. 181.938).
WHAT THE EMPLOYER MUST DO
Minnesota Clean Indoor Air Act.-Public places, places of employment, public transportation, and public meetings.- Smoking shall not be permitted in and no person shall smoke in a public place, at a public meeting, in a place of employment, or in public transportation, except as provided in this section or Sec. 144.4167 (Sec. 144.414, Subd. 1, as amended by Ch. 82 (S. 238), L. 2007).
Day care premises.- Smoking is prohibited in a day care center licensed under Minnesota Rules, parts 9503.0005 to 9503.0175, or in a family home or in a group family day care provider home licensed under Minnesota Rules, parts 9502.0300 to 9502.0445, during its hours of operation. The proprietor of a family home or group family day care provider must disclose to parents or guardians of children cared for on the premises if the proprietor permits smoking outside of its hours of operation. Disclosure must include posting on the premises a conspicuous written notice and orally informing parents or guardians (Sec. 144.414, Subd. 2, as amended by Ch. 82 (S. 238), L. 2007).
Health care facilities and clinics.- Smoking is prohibited in any area of a hospital, health care clinic, doctor's office, licensed residential facility for children or other health care-related facility, except that a patient or resident in a nursing home, boarding care facility, or licensed residential facility for adults may smoke in a designated separate, enclosed room maintained in accordance with applicable state and federal laws (Sec. 144.414, Subd. 3(a), as amended by Ch. 82 (S. 238), L. 2007).
Except as provided in Sec. 246.0141, smoking by patients in a locked psychiatric unit may be allowed in a separated well-ventilated area in the unit under a policy established by the administrator of the program that allows the treating physician to approve smoking if, in the opinion of the treating physician, the benefits to be gained in obtaining patient cooperation with treatment outweigh the negative impacts of smoking (Sec. 144.414, Subd. 3(b), as amended by Ch. 82 (S. 238), L. 2007).
Public transportation vehicles.- Smoking is prohibited in public transportation vehicles except that the driver of a public transportation vehicle may smoke when the vehicle is being used for personal use. For purposes of this subdivision, “personal use” means that the public transportation vehicle is being used by the driver for private purposes and no for-hire passengers are present. If a driver smokes under this subdivision, the driver must post a conspicuous sign inside the vehicle to inform passengers (Sec. 144.414, Subd. 4, as amended by Ch. 82 (S. 238), L. 2007).
Responsibilities of proprietors.- The proprietor or other person, firm, limited liability company, corporation, or other entity that owns, leases, manages, operates, or otherwise controls the use of a public place, public transportation, place of employment, or public meeting shall make reasonable efforts to prevent smoking in the public place, public transportation, place of employment, or public meeting by (Sec. 144.416(a), as amended by Ch. 82 (S. 238), L. 2007):
posting appropriate signs or by any other means that may be appropriate; and
asking any person who smokes in an area where smoking is prohibited to refrain from smoking and, if the person does not refrain from smoking after being asked to do so, asking the person to leave. If the person refuses to leave, the proprietor, person, or entity in charge shall handle the situation consistent with lawful methods for handling other persons acting in a disorderly manner or as a trespasser.
The proprietor or other person or entity in charge of a public place, public meeting, public transportation, or place of employment must not provide smoking equipment, including ashtrays or matches, in areas where smoking is prohibited. Nothing in this section prohibits the proprietor or other person or entity in charge from taking more stringent measures than those under Secs. 144.414 to 144.417 to protect individuals from secondhand smoke. The proprietor or other person or entity in charge of a restaurant or bar may not serve an individual who is in violation of Secs. 144.411 to 144.417 (Sec. 144.416(b), as amended by Ch. 82 (S. 238), L. 2007).
Permitted smoking.- Smoking may be permitted in scientific studies, traditional Native American ceremonies, private places (private homes, residences, automobiles when they are not in use as a place of employment), hotel/motel sleeping rooms rented to one or more guests, tobacco products shops, heavy commercial vehicles, farm vehicles and construction equipment, family farms, disabled veterans rest camps, and theatrical productions (Sec. 144.4167, as added by Ch. 82 (S. 238), L. 2007).
Enforcement.- The State Commissioner of Health enforces the Minnesota Clean Indoor Air Act (Sec. 144.417, as amended by Ch. 82 (S. 238), L. 2007).
Violations.- Any proprietor, person, or entity that owns, leases, manages, operates, or otherwise controls the use of an area in which smoking is prohibited under Secs. 144.414 to 144.417, and that knowingly fails to comply with Secs. 144.414 to 144.417, is guilty of a petty misdemeanor (Sec. 144.417, as amended by Ch. 82 (S. 238), L. 2007).
A proprietor, person, or entity in charge of a public place, public meeting, place of employment, or public transportation must not retaliate or take adverse action against an employee or anyone else who, in good faith, reports a violation of Secs. 144.414 to 144.417 to the proprietor or person in charge of the public place, public meeting, place of employment, or public transportation, or to the commissioner of health or other designee responsible for enforcing the law (Sec. 144.417, as amended by Ch. 82 (S. 238), L. 2007).
No person or employer shall discharge, refuse to hire, penalize, discriminate against, or in any manner retaliate against any employee, applicant for employment, or customer because the employee, applicant, or customer exercises any right to a smoke-free environment provided by Secs. 144.414 to 144.417 or other law (Sec. 144.417, as amended by Ch. 82 (S. 238), L. 2007).
Injunctions.- The State Commissioner of Health, a board of health as defined in Sec. 145A.02, Subd. 2, or any affected party may institute an action in any court with jurisdiction to enjoin repeated violations of Secs. 144.414 to 144.417 (Sec. 144.417, Subd. 3, as amended by Ch. 82 (S. 238), L. 2007).
Local government ordinances.- Nothing in Secs. 144.414 to 144.417 prohibits a statutory or home rule charter city or county from enacting and enforcing more stringent measures to protect individuals from secondhand smoke. Except as provided in Secs. 144.411 to 144.417, smoking is permitted outside of restaurants, bars, and bingo halls unless limited or prohibited by restrictions adopted in accordance with the preceding sentence (Sec. 144.417, Subd. 4, as amended by Ch. 82 (S. 238), L. 2007).
Discrimination.- Employers may not discipline, discharge, or refuse to hire an individual because the individual engages in or has engaged in the use of lawful consumable products off the employer's premises during non-working hours (Sec. 181.938).
Employers may offer, impose, or have in effect a health or life insurance plan that makes cost and coverage distinctions between employees based upon the use of lawful consumable products, provided that the differential premium rates charged reflect the employer's differential costs (Sec. 181.938).
Employers may discipline, discharge or refuse to hire an individual who refuses or fails to comply with the conditions of a chemical dependency treatment or aftercare program (Sec. 181.938).
ENFORCEMENT
See also WHAT THE EMPLOYER MUST DO above.
Anyone aggrieved by a smoking discrimination violation may commence a civil action against the responsible party (Sec. 181.938).
POSTING
Day care premises.- The proprietor of a family home or group family day care provider must disclose to parents or guardians of children cared for on the premises if the proprietor permits smoking outside of its hours of operation. Disclosure must include posting on the premises a conspicuous written notice and orally informing parents or guardians (Sec. 144.414, Subd. 2, as amended by Ch. 82 (S. 238), L. 2007).
Public transportation vehicles.- Smoking is prohibited in public transportation vehicles except that the driver of a public transportation vehicle may smoke when the vehicle is being used for personal use. For purposes of this subdivision, “personal use” means that the public transportation vehicle is being used by the driver for private purposes and no for-hire passengers are present. If a driver smokes under this subdivision, the driver must post a conspicuous sign inside the vehicle to inform passengers (Sec. 144.414, Subd. 4, as amended by Ch. 82 (S. 238), L. 2007).
Responsibilities of proprietors.- The proprietor or other person, firm, limited liability company, corporation, or other entity that owns, leases, manages, operates, or otherwise controls the use of a public place, public transportation, place of employment, or public meeting shall make reasonable efforts to prevent smoking in the public place, public transportation, place of employment, or public meeting by, among other things, posting appropriate signs or by any other means that may be appropriate (Sec. 144.416(a), as amended by Ch. 82 (S. 238), L. 2007).
PENALTIES
See also WHAT THE EMPLOYER MUST DO above.
An employer may have to pay lost wages and benefits as well as court costs and reasonable attorney's fees as a result of a violation of the smoking discrimination law (Sec. 181.938).
<p>An employer may have to pay lost wages and benefits as well as court costs and reasonable attorney's fees as a result of a violation of the smoking discriminati</p>
/resources/state_laws/minnesota/minnesota_smoking_in_the_workplace_law_summaries.aspx