California Rules on Smoking in the Workplace

Mon, 22 Oct 2007 10:32:34 +0000

The workplace laws on smoking in the workplace are applicable to any workplace with more than five employees. However, there are some exceptions where California law on smoking at the workplace does not apply. Such places include meeting and banquet rooms where food is served, designated lobby areas, warehouses greater than 100,000 square feet having and more than 20 employees, and truck cabs where all the employees smoke.

The Workplaces in California Where Smoking Is Prohibited and Allowed

The only place where smoking is allowed in any workplace is the designated room or area for smokers. An employer may not allow smoking in an enclosed workplace and should take the necessary steps to prevent the non-employees from smoking indoors. An employer may also decide that all parts of a workplace are non-smoking areas.

Requirements for Smoking Areas in California Workplaces

As per the California law on smoking at the workplace, the smoking regions must be in a non-work area. No employee is allowed to enter the room as part of their job. This is not the case, however, in custodial work where the room is not occupied.

For this to be allowed, the air must be directed outside using a fan and must not be circulated to the other parts of the building.

Employers’ Take on Non-Smokers

Provided there is a break for smokers, there must be enough breaks for the nonsmokers.

The Employers’ Take on Smokers

There are no required accommodations for smokers. Those employers with five or less than five employees can allow smoking in the designated smoking zones upon meeting these conditions:

All the employees must agree
No underage employees are allowed in the smoking area
No employee is allowed to enter the smoking area while not on break

The Policies Concerning Workplace Smoking in California

The California laws do not address the employer policies concerning smoking in the workplace. However, some local laws regulate smoking in the city, town or county level requires the employers to have a policy on smoking in selected areas. Though it is not required by California law, employers are free to come up with policies on smoking in the workplace if they wish.

Where to Find More Information about California Law on Smoking at the Workplace

The relevant statute where you can find all the required information about this law is Cal. Lab. Code Sections 96, 98.6, 6404.5.

Moreover, you can read more about this in Nolo’s book “Your Rights in the Workplace”, by Barbara Repa (Nolo) and “The Employer’s Legal Handbook”, by Fred Steingold (Nolo).

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California Rules on Smoking in the Workplace