In California, an employer is barred from maintaining a place of employment that is not safe and healthful. Therefore, California prohibits smoking in all enclosed workplaces, both private and public, including vehicles, parking garages and covered parking lots, and common areas such as lobbies, restrooms, stairwells, and elevators. Smoking is prohibited within 20 feet of main entrances, exits, operable windows, or ventilation system intakes. Included in the workplace ban are restaurants, bars, and nontribal casinos, bingo parlors, and gaming rooms. California also prohibits smoking in all state owned and operated buildings, including all public school facilities and prisons (CA Lab. Code Secs. 6404 and 6404.5 et seq.).
Employers are allowed to prohibit smoking within 20 feet of outdoor work areas or to limit smoking only to designated areas outdoors as permitted under local fire codes.
Also, the use of any type of tobacco is prohibited in any area where food is prepared, served, or stored (CA Health and Safety Code Sec. 113990-114070). Designated Smoking Areas
Employers with five or fewer full-time or part-time employees may permit smoking if the smoking area is not accessible to minors, all employees voluntarily consent to permit smoking, air from the smoking area is exhausted directly to the outside by an exhaust fan and not circulated to other parts of the building, and the employer is complying with any ventilation or other standard adopted by the state Occupational Safety and Health Standards Board or Environmental Protection Agency (EPA).
Employers may permit smoking in a designated nonwork area, under the following circumstances:
- Air from the smoking room is exhausted directly to the outside and not ...