New Jersey Smoking laws & HR compliance analysis

New Jersey Smoking: What you need to know

The New Jersey Smoke-Free Air Act prohibits in indoor public places and workplaces, with any number of employees, whether publicly or privately owned (NJ Stat. Sec. 26:3D-55et seq.).
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Prohibition on smoking includes the use of electronic cigarettes, whether delivering nicotine or other substances (NJ Stat. Sec. 26:3D-56).
Workplace defined. “Workplace” is defined as any enclosed location or portion thereof where any type of labor or service is performed. Included in the definition are:
• Public and private schools and educational institutions and grounds
• Childcare facilities and grounds
• Healthcare facilities, including waiting rooms
• Restaurants, bars, and private clubs
• Public transportation vehicles and terminals
• Sports facilities, including bowling alleys and racetracks
• Public transportation vehicles and terminals
• Theaters, concert venues, bingo parlors, and malls
Public place defined. Included in the definition of "public places" are elevators, lobbies, parking areas, and other common areas of apartment buildings and other private buildings.
Exceptions. The Act does not apply to:
• Private homes, residences, and automobiles
• Retail tobacco stores
• Cigar bars or cigar lounges that are enclosed and ventilated and generate 15 percent of annual gross income from the sale of tobacco or rental of humidors and obtain yearly certification
• Designated areas of casino gaming floors
• Up to 20 percent of hotel, motel, or lodging guest rooms
Note: Proprietors of hotels, motels, or guest lodgings are not required to accommodate a guest requesting a smoking room if all designated smoking rooms are occupied.
Signage. "No Smoking" signs must be prominently displayed at entrances and indicate that violators will ...

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