Practice Areas

Smokefree Air Act

The Smokefree Air Act was signed into law by Governor Chet Culver on April 15, 2008. The law went into effect on July 1, 2008. Smoking is regulated in public places, places of employment, and certain outdoor areas. The Smokefree Air Act outlines areas where smoking is prohibited, areas where smoking is not regulated, enforcement details, and scheduled penalties for persons and businesses that violate the law.

What does the law provide:

Smoking is prohibited and a person shall not smoke in any of the following areas:

 
In addition, smoking is prohibited and a person shall not smoke in or on any of the following outdoor areas:

(-) Seating Areas of Entertainment Venues

• Not Including State & County Fairgrounds, Corrections Grounds, & Iowa National Guard Grounds

What are the Employer requirements under the law:

Every employer has to do six things to comply with the law:

1) "communicate to all existing employees" the fact that smoking is not allowed anywhere inside the company facilities or in company vehicles;

2) "communicate to all prospective employees upon application for employment" that smoking is not allowed anywhere in company facilities or in company vehicles;

3) remove all ashtrays from company facilities and from company vehicles. The company can provide cigarette receptacles outdoors on the perimeter of any space where smoking is not allowed if they choose;

4) post "no smoking" signs at all entrances to company facilities and in all company vehicles. The signs must be at least 24 square inches in size and contain:

1) the words "no smoking" or the international no smoking symbol;

2) the Smokefree Helpline phone number - 1-888-944-2247; and

3) the state website:www.IowaSmokefreeAir.gov.

"Entrance" is defined as any doorway to an enclosed area used by the public or employees for ingress or egress to or from any public place or place of employment. "Entrance" also includes the commonly understood points of entry and exit to and from an outdoor area such as a driveway, sidewalk, pathway, access road, gate, or dedicated point of entry.

Company vehicles must have no smoking signs which are "clear and conspicuous from the exterior of the vehicle."

5) If anyone does try to smoke in company facilities or in company vehicles, the employer

has a duty to request that they stop. If the individual refuses to stop smoking, the employer may discontinue service to that individual, may request that the individual leave the area where smoking is prohibited or may notify the state or local law enforcement agency with jurisdiction over the area where smoking is prohibited

NOTE: An employer cannot discharge, refuse to employ, or in any manner retaliate against an existing or prospective employee, or customer, for exercising their rights provided by the Smokefree Air Act, including registering complaints or attempting to prosecute a Smokefree Air Act violation.

What are the penalties for non-compliance:

• $100 for the 1st Violation
• $200 for the 2nd Violation within 12 Months
• $500 for the 3rd & subsequent violations within 12 Months

If you would like more information about how your company can comply with the Smokefree Air Act or any other provision of law, please contact one of our qualified attorneys.