Hawaii Smoking laws & HR compliance analysis

Hawaii Smoking: What you need to know

The Hawai'i Smoke-Free Law prohibits smoking in enclosed or partially enclosed public places and all places of employment, as well as within 20 feet of entrances, exits, windows that open, ventilation intakes, and outdoor food vendors (HI Rev. Stat. Sec. 328J-1 et al.).
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Included in the ban are public and private schools and educational facilities; healthcare facilities; airports; retail stores and malls; restaurants, bars, and nightclubs; banquet facilities, meeting rooms, and convention centers; museums, libraries, theaters, and sports arenas; commercial boats within 3 miles of the Hawaiian Islands; public transportation vehicles and facilities, including airports. Vehicles owned or leased by the state government are included.
Definition of "partially enclosed." Under the law, a partially enclosed building means an area enclosed by a roof and at least three walls. A partially enclosed area has a roof or overhang and two walls, but also includes courtyards, lanais, patios, and covered walkways.
Outdoor areas of employment. Smoking is permitted at fully outdoor (open air) areas of employment more than 20 feet from building entrances and exits, windows, and ventilation intakes. However, an employer may declare that smoking is prohibited in all outside work areas.
Exemptions. The law does not apply to private residences when not being used for child care, up to 20 percent of hotel and motel rooms designated as smoking-permitted rooms, retail tobacco stores that are separately ventilated, private and nonprivate rooms in nursing homes and long-term-care facilities when agreed to by all occupants, and state correctional facilities.
Compliance. The state Department of Health is responsible for compliance with the ...

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