Delaware Smoking laws & HR compliance analysis

Delaware Smoking: What you need to know

The Delaware Clean Indoor Air Act prohibits smoking in any indoor enclosed area to which the general public is invited or permitted, including all public and private workplaces, schools, and healthcare facilities; restaurants, bars, and casinos, and public transportation vehicles. (DE Stat. Tit. 16 Sec. 2901et seq.).
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State workplaces.The State of Delaware Tobacco-Free Workplace Policy prohibits the use of e-cigarettes and other electronic smoking devices in all state workplaces, including all buildings, facilities, outdoor spaces, and surrounding grounds, as well as in all state vehicles.
Under the Act, "smoking" includes the use of e-cigarettes.
Smoking near entrances. The Clean Indoor Air Act does not specify how close to a building entrance a person may smoke. However, a business or organization may set its own policy giving a specific distance from the building where smoking is permitted.
Exemptions. The following are excluded from the Clean Indoor Air Act:
• Private homes, automobiles, except homes or autos that are used for child care, day care, or public transportation of children
• Private social events
• Private-hire limousines
• Hotel or motel rooms--up to 25 percent of rooms
• Fund raising activity sponsored by a fire company or ambulance or rescue company, on its own premises
• Fraternal benefit society fund raising activity, on its own premises
• Dover Downs outdoor motor speedway
Note: The State Fire Marshal may prohibit smoking on any premises where it is determined that smoking may be dangerous under State Fire Prevention Regulation 1-1.16.
Posting. Employers, owners, or landlords must prominently post and adequately maintain “Warning: Smoking Permitted” signs where smoking is permitted. Letters ...

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