New York Smoking laws & HR compliance analysis

New York Smoking: What you need to know

The New York Clean Indoor Air Act (CIAA) prohibits smoking in essentially all enclosed public indoor spaces. Included are all places of employment; commercial establishments (exercising any trade, profession, vocation, or charitable activity); bars and restaurants; public transportation ticketing, boarding, and waiting areas; places offering services to children; within 100 feet of schools and school grounds; public and private colleges and vocational institutions; general hospitals; public areas of residential healthcare facilities; and indoor arenas, including bingo facilities (NY Public Health Law Art. 13-E Sec. 1399-n et seq.).
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Exceptions. There are a few limited exemptions from the law:
• Private residences and vehicles when not used for child care or day care
• Private rooms in residential healthcare and mental health facilities
• Hotel or motel rooms
• Membership associations (as defined in the Act) without paid employees
• Outdoor, uncovered dining areas of restaurants at least 3 feet from nonsmoking outdoor areas
• Cigar bars (as defined in the Act)
• Tobacco sampling events (as defined in the Act)
Smoking policies. Employers must post their smoking policies and make a copy available to employees as requested.
Signage. Employers must prominently post and properly maintain “No Smoking” signs or pictorial versions of the international “No smoking” symbol at each entrance of an enclosed work area where smoking is prohibited. PDF versions of the signs may be downloaded from the Internet http://www.nyhealth.gov.
Outdoor smoking areas. Outdoor smoking areas designated for employees should be located away from entrances to the facility or restrooms.
Hospitals and residential healthcare facilities. Effective ...

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