Michigan Smoking laws & HR compliance analysis

Michigan Smoking: What you need to know

The Dr. Ron M. Davis Smoke-free Air Law prohibits smoking in public places and almost all enclosed workplaces with one or more employees. Included in the prohibition are any place that serves food or beverages, including restaurants, bars, and hotels and their outdoor patios, as well as private clubs with employees (MI Comp. Laws Sec. 333.12601 et seq.).
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E-cigarettes. Although electronic cigarettes are not banned under the Act, the Michigan Department of Community Health (MDCH) advises Michigan businesses to ban these products in their own smoking policies.
Exemptions. Smoking is allowed in home offices, commercial trucks and motor vehicles, and in cigar bars and tobacco specialty shops that were in existence before May 2010. Also exempted from the prohibition are the gaming floors and restaurants of Detroit's casinos. Michigan's 20 Native American casinos are not covered by state law.
Compliance. "No Smoking" signs or the international no smoking symbol must be placed conspicuously at all entrances to buildings or areas where smoking is prohibited, and equipment and furnishing related to smoking, such as ashtrays, must be removed. More compliance information is available from the MDCH at www.michigan.gov/mdch.
Penalties. Penalties for individuals and owners or operators of businesses who violate the law are $100 for a first offense and $500 for subsequent offenses.
Local governments are permitted to ban smoking completely in public and private workplaces.
Some states have laws that prohibit employers from discriminating against employees or applicants because they are smokers or nonsmokers, but Michigan does not have such a law.
Michigan also does not ...

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