North Dakota Smoking laws & HR compliance analysis

North Dakota Smoking: What you need to know

North Dakota law prohibits smoking of tobacco products and use of electronic smoking devices (e-cigarettes) in public places, including places of employment, in public vehicles, and in certain areas outside these buildings (ND Cent. Code Sec. 23-12-09 et seq.).
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Public places. The restrictions on smoking in public places apply to licensed public and private school facilities and daycare programs; private homes when used for child care and adult care; healthcare institutions and facilities (hospitals, clinics, outpatient care facilities, surgery centers, laboratories, and medical offices), nursing homes, and assisted-living facilities; hotels and motels, including all rooms rented to guests; restaurants (including coffee shops, cafeterias, and catering facilities) and retail food establishments; retail stores; public libraries and museums; public transportation vehicles and stations, including taxicabs, town cars, and limousines; and enclosed theaters, auditoriums, museums, sports arenas, and casinos and gaming parlors.
Outdoor smoking prohibitions. Under the smoking ban, smoking is prohibited within 20 feet of entrances, exits, windows that open, and ventilation intakes of buildings.
Communication of prohibition. Employers must communicate to all employees and to prospective employees on employment applications that smoking is prohibited in their workplace.
Penalties. Anyone who willfully violates this law is guilty of an infraction punishable by a fine of from $50 per violation. Owners, managers, or operators of public places who fail to comply with this law are subject to fines of $100 for a first violation to $200 for subsequent violations. Each day a violation occurs is considered a separate ...

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