Montana Smoking laws & HR compliance analysis

Montana Smoking: What you need to know

The Montana Clean Indoor Air Act (CIAA) bans smoking in all enclosed areas that are open to the public or are workplaces, including restaurants, bars, nontribal gaming facilities, and motor vehicles used by the public ( MT Code Sec. 50-40-101et seq.) .
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Exemptions. Exempted from the law are:
• Private homes unless used as a daycare facility or foster home
• Up to 35 percent of hotel and motel rooms
• Sites of religious and cultural ceremonies of Native Americans
Provisions. Under the CIAA, businesses must post "No smoking" signs at pubic entrances. Ashtrays must be removed from all areas under the prohibition. Free and downloadable signs are available from the state at http://dphhs.mt.gov.
Penalties. The Act is enforced by the state Department of Public Health and Human Services (DPHHS) and local health departments. The owner or manager who controls a place of employment and who fails to comply with the Law is subject to fines up to $100 for the first three violations, $200 for a fourth violation, and $5,000 for a fifth violation. The owner or manager may be charged with a misdemeanor after the third violation.
Political subdivisions in the state may adopt ordinances and regulations that are stricter than the state law. Several cities and towns have adopted such ordinances, including banning smoking at parks and playing fields. Ordinances banning the use of e-cigarettes may also be adopted.
Employers are prohibited from discriminating against individuals for the use of lawful products off the employer's premises during nonworking hours (MT Code Sec. 29-2-313 (2)).
Employers may not discriminate against applicants or employees on the basis of their off-duty, off-workplace use of a ...

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