West Virginia Smoking laws & HR compliance analysis

West Virginia Smoking: What you need to know

The West Virginia Supreme Court of Appeals has upheld the authority of counties and local boards of health to enact and enforce their own clean indoor air regulations under WV Code Sec. 16-9A-1. It also upheld criminal penalties under the local regulations.
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All 55 counties in the state restrict smoking in indoor public places. To see specific county regulations, go to http://www.dhhr.wv.gov.
E-cigarette prohibitions. About one-quarter of the counties have passed an ordinance banning the use of e-cigarettes in public places, and most ordinances apply to restaurants and bars. The laws generally apply to both incorporated and unincorporated areas of the counties. Check with the local county board of health.
West Virginia administrative rules prohibit smoking in all state places of employment, buildings, offices, waiting rooms, holding areas, and garages, as well as adjacent spaces owned or leased by the state. Included in the prohibition are state hospitals, group homes, juvenile facilities, and prisons. Entities not connected with the state but using public facilities must conform to the state's smoking policy (WV Dept. of Admin. Legis. Rules, Sec. 148-7et seq.; WV Personnel Rules Sec. 4.04b).
Facilities managers are not required to designate and maintain outdoor smoking areas.
Smoking is prohibited in schools and property and vehicles owned, leased, or operated by county boards of education. Smoking is prohibited in childcare centers, daycare centers, and preschools.
State employees who participate in the Public Employees Insurance Plan have a benefit addressing smoking cessation products and services. Employees who do not ...

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