Indiana Smoking laws & HR compliance analysis

Indiana Smoking: What you need to know

The Indiana Smoke Free Air Law prohibits smoking in enclosed public places and workplaces, with some exceptions. Included in the prohibition are restaurants, healthcare facilities, mental health facilities, nursing homes and assisted living facilities, and hotels and motels (IN Code Sec. 7.1-5-12et seq.).
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The ban also prohibits smoking within 8 feet of entrances to a public place or place of employment, including patios.
Signage. Signs reading “State Law Prohibits Smoking within 8 Feet of this Entrance” or other similar language are required to be posted at all public entrances of enclosed public places and places of employment. Printable signs are available at http://www.in.gov.
Exemptions. Exempted from the ban are bars, taverns, cigar bars, and hookah bars that do not admit patrons under 21 years of age and do not employ workers under 18 years of age.Also exempted are nonprofit private clubs and fraternal organizations whose members have voted to allow smoking on the premises. Retail tobacco stores and tobacco manufacturing facilities are also included in the exemption, as are riverboats, horse racing tracks, casinos, and licensed gaming facilities. Home businesses with nonresident employees are exempt.
In Indiana, an employer (excluding churches, religious organizations, and schools or businesses run by a church or other religious organization) may not require as a condition of employment that an employee or prospective employee not use tobacco products outside the workplace discriminate against an employee with respect to benefits, compensation, or other terms and conditions of employment because the employee uses tobacco products outside the workplace (IN Code Sec. ...

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