Authored By:
Stephen W. Lyman
On March 19, 2012, Governor Mitch Daniels signed Indiana’s new No Smoking Law, which finally passed after many fits and starts in the General Assembly. The new No Smoking Law takes effect on July 1, 2012 and contains several provisions that directly affect Indiana employers. In general, all Indiana employers that are not exempted by the law (examples: bars, taverns, casinos, fraternal clubs and certain tobacco stores) must:
- Prohibit smoking in a “place of employment.” (A “place of employment” is an enclosed area but does not include a private vehicle);
- Prohibit smoking within 8 feet of a public entrance to a “place of employment”;
- Inform all employees and prospective employees of the smoking prohibition;
- Remove ash trays and smoking paraphernalia from areas where smoking is prohibited;
- Post conspicuous signs at each public entrance that read “State Law Prohibits Smoking Within 8 Feet of this Entrance”;
- Ask a person smoking in a “public place” to refrain from smoking. (A “public place” is an enclosed area where the public is invited or permitted);
- Remove the person from the “public place” who fails to refrain from smoking; and
- Not discharge, refuse to hire or in any manner retaliate against any individual who reports a violation or exercises a right or obligation under the new law.
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