Smoking in the Workplace Law Summaries
Puerto Rico, Smoking in the Workplace Law Summaries
Puerto Rico's smoking in the workplace law is located in the Puerto Rico Laws Annotated at Title 24, Chapter 62.
EXCEPTIONS
Puerto Rico law has established that the prohibitions outlined under WHAT THE EMPLOYER MUST DO below shall not prevent the owner, manager, or person in charge of the places to which the provisions of this chapter apply, to designate and prepare smoking areas in the facilities, provided the following requirements are met: (a) The smoking area shall be clearly identified by signs or notices. (b) There shall be adequate ventilation systems to prevent the movement of smoke from the smoking area to the non-smoking areas. (c) If possible, the smoking area shall be an open and well-ventilated area. If it is closed, it shall be fitted with air purifiers and ventilators. (d) The area shall be provided with ashtrays and fire extinguishers. (e) In schools up to the twelfth grade, the areas designated for smoking shall only be accessible to teachers and employees (PR LawsAnn, Sec. 894, as amended by Act 66 (H. 2073), L. 2006).
WHAT THE EMPLOYER MUST DO
It is forbidden to smoke in the following places, without being limited thereto: (a) Public buildings, departments, public agencies and instrumentalities; (b) Classrooms, meeting halls, libraries, halls, school lunchrooms, cafeterias, and rest rooms in schools, and public and private institutions at all learning levels; (c) Public elevators for the transportation of passengers and cargo; (d) Theaters and movie houses; (e) Public and private hospitals and health centers; (f) Public transportation vehicles; (g) Restaurants, cafeterias and establishments for the sale of food and fast-food establishments; (h) Museums; (i) Funeral parlors; (j) Courts; (k) Areas that contain flammable fluids, gasses or materials; (l) Gasoline retail sales service stations; (m) Child-care centers; (n) Public or private recreational installations; and (o) Establishments or institutions devoted to the care of the aged or the elderly (PR LawsAnn, Sec. 892, as amended by Act 66 (H. 2073), L. 2006).
In addition, Puerto Rico has amended its workplace smoking act to prohibit smoking in any workplace where there is one or more employees, bars, barrooms, pubs, discotheques, liquor stores, casinos, convention and commerce centers, commercial centers, and in private transportation vehicles when a minor child is seated in a protective seat (car seat) or is present in the vehicle and is under the age of 13. This amendment will go into effect in March of 2007 (Act 66 (H. 2073), L. 2006).
POSTING
the directing authorities of all sites, companies or facilities affected by the provisions of this law shall affix a sign in visible places and in clear letters legible from a distance, at the places directly affected. It must contain at least the phrase “smoking prohibited” followed by a citing of this law. In addition, the natural or juridical person who is the title holder, owner or lessee of the gasoline retail sale service station, shall install a sign in visible places and in letters clearly legible from a distance, that informs of the smoking prohibition, the penalties in the event of noncompliance, and the citing of this law (PR LawsAnn, Sec. 893).
ENFORCEMENT
Within 90 days following the effectiveness of this act, the Secretary of Health shall adopt the needed rules and regulations to pursue its purposes, including the regulations concerning the “No Smoking” signs (PR LawsAnn, Sec. 896. as amended by Act 66 (H. 2073), L. 2006). In addition, the amended smoking prohibition that will go into effect in March of 2007 adds that the Puerto Rico police force is empowered to enforce the “Act to Regulate Smoking in Certain Public and Private Places” (Act 66 (H. 2073), L. 2006).
PENALTIES
If an individual violates the provisions of this law and its regulations, the Secretary of Health may impose administrative fines on the directing authorities up to the sum of $250. In the case of subsequent violations he/she may impose penalties up to $500. Also, any person who violates Sec. 892(l) and smokes in a gasoline retail sales service station, shall be guilty of a misdemeanor and upon conviction shall be sanctioned for a term of not less than 10 days nor greater than 30 days of imprisonment, or a fine of not less than $250 nor greater than $500, or both penalties, at the discretion of the court (PR LawsAnn, Sec. 898, as amended by Act 66 (H. 2073), L. 2006).
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