MARYLAND'S CLEAN INDOOR AIR ACT PROHIBITS
SMOKING IN ALL INDOOR WORK AREAS
Effective February 1, 2008, employers in Maryland must
prohibit smoking in all indoor places of employment, including
employee lounges and restrooms. Unlike previous regulations
applying to employers, the Maryland’s
Clean Indoor Air Act of 2007 and its implementing regulations
do not permit employers to designate certain indoor smoking
areas. All smoking indoors is prohibited.
Maryland’s Clean Indoor Air Act of 2007 was signed
into law last year. The purpose of the Act is to protect
the public and employees from involuntary exposure to tobacco
smoke, including in indoor places of employment. The Department
of Labor, Licensing, and Regulation (for workplaces not
ordinarily open to the public) as well as the Department
of Health and Mental Hygiene (for public areas) are vested
with enforcing the Act. Both these Departments have recently
issued regulations applying the Act.
Who is affected by the Act?
All employers are covered by the Act, regardless of size
or the nature of business conducted.
What does the Act prohibit?
The Act prohibits smoking in an “indoor place of
employment,” including:
• An indoor work area
• A vehicle when an employee uses it in the course
of employment and it is occupied by more than one employee
• An employee lounge or restroom
• A conference or meeting room
• A classroom
• A cafeteria operated by an employer for use by its
employees
• A hallway
• A restaurant
• A bar or tavern
• A sleeping room in a hotel or motel
• An assembly, conference, convention, or meeting
establishment or enclosed portion of the establishment
Are there any exemptions?
Yes. The Act does not apply to:
• Private homes.
• Residences, including residences used as a business
or place of employment, unless being used by a person who
is a licensed day care provider.
• Private vehicles.
• A hotel or motel room rented to one or more guests
as long as the total percent of hotel or motel rooms being
so used does not exceed 25 percent.
• A retail tobacco business in which the primary activity
is the retail sale of tobacco and the sale other products
is incidental.
• A manufacturer, importer, wholesaler or distributor
of tobacco products.
• A research or educational laboratory for the purpose
of conducting research into the health effects of smoking.
What are an employer’s
obligations under the Act?
For an employer that is not ordinarily open to the public,
the employer is required to: (1) ensure that there is no
smoking; and (2) post at each entrance to an indoor place
of employment a sign that states that smoking is not permitted.
For an employer that has areas open to the public, the
employer must display conspicuously a “NO
SMOKING” sign that either contains the words
“NO SMOKING” or contains the international
symbol for “No Smoking,” or both. The signs
must be in the area open to the public and at every public
entrance.
Can employees smoke outside
of the place of employment?
Yes. Smoking outside of an establishment is not covered
under the new regulations. Note, however, that the regulations
do not address how far from the building smokers should
be while smoking outside. If smoke from outside is getting
into an area where smoking is prohibited, however, the employer
should minimize the possibility of exposures inside from
outside sources.
Are there penalties for non-compliance?
Yes. On the first violation, the employer will receive
a written reprimand. On the second violation, the fine is
$100. Each subsequent violation is subject to a penalty
not less than $250.
Can employees lodge complaints
against their employers for not complying with the Act?
Yes. Employees are protected under Act in the event that
they complain about an employer’s failure to enforce
the Act. Employers cannot discriminate against its employees
for complaining about the employer’s failure to enforce
or abide by the Act. An employer who discharges or discriminates
against an employee because that employee has made a complaint
based on the employer’s failure to enforce the Act
may be subject to a civil penalty ranging from $2,000 to
$10,000 for each violation.
Are there waivers available?
The Act permits waivers from compliance only in the event
that (1) compliance with a specific provision would cause
undue financial hardship; or (2) other factors that would
render compliance unreasonable. Waivers may not be granted
on or after January 31, 2011, and all waivers terminate
on January 31, 2011.
What should employers do
to comply with the Act?
First, employers must inform employees of the changes and
prohibitions against smoking indoors. Second, employers
should make sure that they have the proper signage, depending
on whether the business is open to the public or not. In
addition, employers may need to update their written policies
to include that all indoor smoking is prohibited.
Shawe
Rosenthal, LLP provides this publication for informational
purposes, and it should not be construed or relied upon
as legal advice. You should contact your Shawe Rosenthal,
LLP lawyer to discuss any questions that you may have concerning
your own situation.
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