Everything You Need to Know About Ohio Workplace Smoking Laws
Laws regulating smoking in a workplace are often determined by each state as there is no federal law that prohibits smoking. Here is what you need to know about the smoking laws in an Ohio workplace.
In November of 2006, the Ohio Smoke-Free Workplace Act, a ban to prohibit smoking in any place of employment or public place, was approved. This act served to protect and regulate any health hazards smoking and exposure to second-hand smoke may cause. This ban became enforced by the Ohio Department of Health on May 3, 2007. Since then, many local Ohio departments of health have partnered with the Ohio Department of Health to enforce the ban in certain parts of Ohio.
The Ohio Smoke-Free Workplace Act
The Ohio Smoke-Free Workplace Act allows workplaces and businesses to establish a “No Smoking” area. This law is in accordance with the Ohio Revised Code §3794.06.
Any “No Smoking” sign should include the parameters of the area in which smoking is prohibited and a number that can be used to file reports of any violations. These signs must be posted in all places of employment and public places. Signs should be posted at any entrance and exit along with the areas of transition between places where smoking is permitted to “No Smoking” areas.
Discrimination Against Smokers
Discrimination against smokers in Ohio is permitted. However, discrimination against a worker with a medical condition or disability is not. It does not matter whether the medical condition or disability is due to smoking.
The Americans with Disabilities Act (ADA) prohibits an employer or workplace from such discrimination. The ADA protects employees who suffer from physical impairments that would significantly restrict their major life activities. Employees must also be able to complete the tasks required for their job in order to be protected under the ADA. Employers must then allot reasonable accommodations for their employees such as scheduled breaks or a modified work schedule.
Exemptions to the Ohio Smoke-Free Workplace Act
There are certain areas that can be exempt from the Ohio Smoke-Free Workplace Act. These areas include private residences but even so, there are still regulations that consider private residences. Places such as individual rooms/apartments and outdoor patios permit smoking.
However, if the private residence is used as a place of business (ex. child care or adult care facility) then the No Smoking ban should be implemented with the following exceptions:
- Individual patient rooms in nursing homes and designated smoking areas are allowed so long as the rooms are properly ventilated and do not affect No Smoking areas.
- Hotels/motels are able to allot 20% of their sleeping rooms as smoking areas.
- Any family-owned business can allow smoking as long as all the employees are related to the owner and the smoking areas are sealed from the public and the smoke does not permeate into other rooms.
Retail tobacco stores may also be exempt from the Ohio Smoke-Free Workplace Act. However, this exemption is not automatic and must be applied for annually. A retail tobacco store may apply for this exemption if they are the only business in a freestanding building and if they are not a department of another establishment. Owners must also ensure that smoke will not permeate to other areas where smoking is prohibited.
The application process for this exemption requires a notarized affidavit from the business to be sent. A questionnaire is then sent to the business owner that must be returned to the Ohio Department of Health. The Ohio DoH will review the application and either grant or deny the exemption for the following year.
Reporting Smoking Violations
It is encouraged that any violation of the Ohio Smoke-Free Workplace Act should be reported to the proper authorities. There is legal protection for those who report a violation so that they are immune to any retaliation. Reports are able to be anonymous but are encouraged to have a name attached for the most thorough investigation possible.
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