Select your state from the map below or from this list.
ALABAMA
Where is smoking NOT allowed?
In Alabama, for employers with five or more employees, workers may not smoke in common areas of enclosed workplaces. The law also prohibits smoking in individual, or personal work areas, if the employee states that their work area is a non-smoking area.
Where is smoking allowed?
In Alabama smoking is allowed in common work areas, if the majority of employees that work in the space agree to allow smoking there. Workers may also smoke in their private offices or rooms, in work areas that are not enclosed, and outside of the work areas. However an employer may still decide, without consent of the employees, to make any part, or all of a workplace smoke free.
What are the requirements for a smoking area?
Any smoking area must be ventilated or separated from non-smoking areas. And employers must provide signs to indicate that an area is a smoking area.
What are the requirements for a non-smoking area?
Employers must post signs notifying employees that an areas is a non-smoking area.
ALASKA
Where is smoking NOT allowed?
In Alaska smoking is not allowed in the following areas, but there may be designated smoking rooms within or around these areas:
- Any private place or business that posts signs regulating smoking;
- Any restaurant with seating that holds at least 50 people;
- Grocery stores;
- Buildings that serve government functions;
- Libraries;
- Museums;
- Child Care Facilities;
- Hospitals / dental offices / mental health facilities / healthcare facilities;
- Public transportation
- Waiting areas
- Baggage areas
- Boarding areas
- Courtrooms and jury deliberation rooms;
- Any building used by the state senate, or state house of representatives;
- Nursing home, rest home, or other residential health care institution;
- Food service establishments with seating for 50 or more persons;
- Correctional facility;
- Alaska Pioneer’s Home or Alaska Veterans Home;
- Private postsecondary educational institutions, and adult day cares;
- Public or private elementary or secondary school, preschools, and children’s daycare facilities (indoors or outdoors).
Where may employees smoke?
In Alaska, smoking is permitted in any food service establishment with a seating capacity of 49 people or less, and in any place of business or vehicle that isn’t one of the above mentioned places AND has been designated as a workplace that allows smoking. Employees may smoke in any area that is a designated smoking break room. Smoking is permitted inside a limousine or taxicab if the driver and all passengers consent to smoking.
In Alaska, the following communities have smoke free workplace laws.
What are the requirements for a smoking area?
The area must be ventilated or separated from other areas that are non-smoking areas. Signs must specify if an area or vehicle allows smoking and the signs must be at least 18 inches wide and 6 inches high with lettering 1.25 inches high.
ARIZONA
Where is smoking NOT permitted?
In Arizona smoking is not permitted inside any enclosed building, unless the statute specifically allows for smoking in that type of place.
Where may employees smoke?
In Arizona employees may smoke in an outside area designated by the employer, but the smoking area may not be in a place where smoke can enter the builder or affect those entering or leaving the building. Smoking is permitted in retail tobacco stores, as long as they are physically separated from non-smoking areas. Smoking is also permitted in veterans and fraternal clubs that are not open to the public, and in theatrical performances only as part of the performance.
What are the requirements for non-smoking areas?
To properly designate a non-smoking area in the workplace, employers must post no smoking signs. Ashtrays must not be placed in non-smoking areas.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
ARKANSAS
Where can employees NOT smoke?
In Arkansas, workers cannot smoke in enclosed workplaces with three or more employees.
Where may employees smoke?
Smoking is permitted in non-enclosed workplaces, In enclosed workplaces with one or two employees, and inbars that do not allow individuals under 21 years old inside.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
Can an employee be punished for reporting that another employee is smoking at work in violation of Arkansas smoking laws?
Employers may not discriminate or retaliate against an employee for complaining about another employee’s violation of these laws. Employers also cannot punish employees for asking about Arkansas’ smoking laws.
CALIFORNIA
Where are employees NOT allowed to smoke?
In California, smoking is not allowed in most indoor workplaces, except in designated break rooms.
Where may employees smoke?
California employees may smoke in the following areas:
- Designated lobby areas;
- Meeting and banquet rooms where food is not currently being served;
- Warehouses that are over 100,000 sq. ft., if there warehouse has 19 or fewer employees
- Truck cabs
- Vehicles used for work purposes
- Break rooms that are designated for smokers.
The smoking or ingesting of recreational cannabis products is not allowed while behind the wheel.
Is my employer required to provide a smoking area?
No. California employers are not required to designate smoking areas for employees, but if they do, the areas must be a non-work area where no employee is required to enter the room as part of their job during regular office hours. The air in smoking break rooms must be exhausted directly to the outside. No minors may be allowed in a smoking break room. And if there is a break room for smokers, there must also be enough break room space allocated for each non-smoking employee.
COLORADO
Where is smoking NOT allowed?
In Colorado smoking is prohibited in most indoor workplaces that employee four or more people, with a few exceptions. Smoking is still permitted in outdoor areas of any business but cannot be within 15 feet of entrances and exits.
Where may employees smoke?
Colorado workers may smoke in the following places:
- Workplaces not open to the public;
- Places under the control of the employer;
- Workplaces with three or less employees;
- Retail tobacco business or cigar bar;
- Any private building on a farm or ranch;
However, if an employer provides a smoking area in the workplace, the employer must also provide a smoke free environment for the rest of the workplace.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking areas?
Yes, if requested.
CONNECTICUT
Where is smoking NOT allowed?
In Connecticut, smoking is not allowed in the following places:
- Enclosed workplaces with five or more employees;
- State and local government buildings;
- Health care facilities;
- Retail food stores;
- Restaurants;
- Bars;
- Schools that are in session;
- Places of higher education;
- Dog races.
Where is smoking allowed?
Smoking is permitted in the following places:
- Employer designated smoking areas;
- Any workplace that has four or less employees;
- Vehicles used for work purposes;
- Correctional facilities;
- Tobacco bars.
Is my employer required to provide a smoking area?
No.
What are theRequirements for smoking areas?
A designated smoking area must have a physical barrier separating the smoking room and the work area, and the smoking room must have ventilation to the outside of the building. The smoking area Must be a non-work area, where no employee is required to enter during work hours in order to do their job. The area must be for use of employees only.
Are employers required to provide nonsmoker areas?
Yes. Any employer that provides smoking areas, must provide sufficient nonsmoking break areas as well. Nonsmoking areas must be clearly labeled as such.
DELAWARE
Where is smoking not allowed?
In Delaware, smoking is not permitted in any indoor workplace where it is possible for the general public to enter.
Where is smoking allowed?
Smoking is allowed in workplaces that the public are not allowed to enter.
Are employers required to provide smoking areas?
No, employers in Delaware are not required by law to provide smoking areas in the workplace.
If a smoking area is provided what are the requirements?
Any designated smoking area in the workplace must have a sign stating Warning: Smoking Permitted with letters at least 1 inch in height.
DISTRICT OF COLUMBIA
Where is smoking not allowed?
In D.C. you may not smoke in your workplace if it is enclosed and the public is permitted to enter. You may smoke in any area that your employer has designated as a smoking area.
Where can employees smoke?
In D.C. you can smoke in the following areas:
- Designated smoking areas that have a physical barrier or are in a separate room
- Workplaces the public may not enter
- Tobacco shops
- Tobacco bars
- Outdoor areas.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
FLORIDA
Where are employees NOT allowed to smoke?
Generally, in Florida, employees are not allowed to smoke in MOST indoor workplaces, with a few exceptions listed below.
Where are employees permitted to smoke?
In Florida smoking is permitted in stand-alone bars, tobacco shops, designated smoking guest rooms at public lodging, and in customs smoking rooms at airports.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
GEORGIA
Where are employees NOT allowed to smoke?
In Georgia, smoking is prohibited in all enclosed public places, except in designated smoking rooms and the other exceptions noted below.
Where may employees smoke?
Employees may smoke in any non-enclosed workplace. Smoking is also permitted in the following areas:
- Bars, so long as they deny entrance to those 17 or younger, OR smoking is allowed only in a private room with a ventilation system that is separate from the main air system;
- Restaurants. Smoking is only allowed in a private room with a ventilation system that is separate from the main air system;
- Certain workplaces that are open to the public by appointment only;
- Any workplaces where the main function is dealing with tobacco products;
- Vehicles used for work purposes;
- Outdoor areas of employment.
Is my employer required to provide a smoking area?
No, Georgia employers are not required to provide workers with a smoking area, but your employer may do so if they wish.
What are the requirements for smoking areas?
If your employer does provide a smoking area, the area must be a non-work area, and no employee may be required to enter the area during the normal hours to do their job. The area must have a ventilation system that does not recycle the air, but instead sends the air outside, and the smoking area must be for employees only, not the public.
HAWAII
Where are employees not allowed to smoke?
In Hawaii, employees are not permitted to smoke in enclosed workplaces, or within 20 feet or any reasonable distance from an entrance to the building or ventilation intakes.
Where may employees smoke?
Employees may smoke in any outdoor workplace.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
IDAHO
Where are employees not allowed to smoke?
In Idaho, smoking is not permitted in buildings that are open to the general public, except in designated smoking areas.
Where are employees allowed to smoke?
Smoking is permitted in the following locations:
- Retail stores that PRIMARILY engage in the sale of tobacco or tobacco products;
- Buildings owned by social, fraternal, or religious organizations when being used by the membership of the organization, their guests or families;
- Any rented building that is rented or leased for private events from which the public is excluded;
- Guest rooms in hotels, motels, and bed and breakfast lodging facilities, that are designated smoking areas;
- Movie or play sites, if smoking is an integral part of the performance;
- owner-operated businesses, that are not commonly open to the public, with no employees other than the owner-operators;
- Any office or business, other than child care facilities, located within the proprietor’s private home when all such offices and/or businesses occupy less than fifty percent (50%) of the total area within the private home;
- Idaho state veterans homes, so long as physical barriers and ventilation systems are used to reduce smoke in adjacent nonsmoking areas;
- Outside of buildings
- Any rooms designated for smoking
What are the requirements for smoking area?
Smoking areas are permitted according to the following guidelines:
- Employer must only have five or fewer employees
- Smoking area must not be accessible to minors
- Area must be separated from the rest of the workplaces
- Area cannot be the sole entrance to the building
- No employee is required to enter the area during work hours
Are employers required to provide a smoking area?
No, designating a smoking area is at the discretion of the employer.
ILLINOIS
Where is smoking NOT allowed?
In Illinois smoking is not allowed inside any building workplace. Smoking is also not allowed within 15 feet of the entrance, exit or ventilation intake of a workplace.
Where is smoking allowed?
Smoking is permitted outside, so long as you smoke 16 feet or further from the entrance, exit or ventilation intake of a workplace. Smoking is also allowed in retail tobacco stores and in smoking designated rooms of hotels and motels.
Is an employer required to provide a smoking area?
No, employers may decide whether to designate a smoking area or not.
INDIANA
Where is smoking NOT allowed?
In Indiana smoking is generally not allowed in workplace, and not allowed within 8 feet of any public entrance to a public place of employment. There are a few exceptions listed below in number 3.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Where is smoking allowed?
Smoking is permitted in horse racing facilities, on riverboats, in gambling facilities, in retail tobacco stores, cigar manufacturing facilities, cigar specialty stores, business that are located in business owner’s private residence, and also in the following establishments under certain conditions:
Any establishment that:
- Was a business that allowed smoking on December 31, 2012,
- Denies individuals under 21 years old to enter,
- Owner holds beer, liquor, or wine permit,
- Limits smoking to either;
- Cigar smoking, OR
- Water pipe / hookah
- Earned 10% of annual gross income in previous year from sales of cigars or loose tobacco
- There are many signs stating that smoking is allowed
An establishment that:
- Is exempt from federal income taxation,
- Is a fraternal club OR is a business that provides food or alcoholic beverages to only bona fide members and their guests,
- The members voted each year to allow smoking,
- Only allows smoking in certain areas,
- Individuals under 18 may not enter,
Bars or taverns that:
- Hold beer, liquor, and wine retailer’s permit,
- Do not allow individuals less than 21 years of age.
IOWA
Where is smoking NOT allowed?
In Iowa smoking is not allowed in any enclosed indoor area. Employees may smoke outside of their place of employment, unless their employer limits where employees may smoke.
Where may employees smoke?
Smoking is permitted in workplaces that are not enclosed, outside of the workplaces, on State fairgrounds, In designated smoking areas of the National Guard, and in correctional facilities.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
KANSAS
Where is smoking NOT allowed?
Employees may not smoke in enclosed workplaces, except for in the areas mentioned below in number 2.
Where is smoking allowed?
Smoking is permitted in outdoor areas of a workplace,the gaming floor of a lottery or racetrack, in tobacco shops, and in private clubs where minors are not allowed.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
Requirements for smoking area?
In Kansas smoking area must have physical barriers separating it from nonsmoking areas, and must have proper ventilation.
Do Kansas state laws apply to e-cigarettes?
No, It is up to the employer to decide whether e-cigarettes are allowed at the workplace.
LOUISIANA
Where is smoking NOT allowed?
In Louisiana, smoking is not allowed in enclosed workplaces. There are a few exceptions listed below in number 2.
Which areas are excluded from Louisiana’s ban on smoking indoors?
Smoking is permitted in bars, retail tobacco outlets, outdoor areas of place of employment, gambling establishments, hotels operated by gaming operation, and outdoor patios.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
MAINE
Where is smoking NOT allowed?
Smoking is prohibited in all enclosed workplaces, and outside 20 feet from entrances, exits and vent intakes. There are a few exceptions below in number 2.
Where is smoking allowed?
Smoking is permitted outside if it is 21 feet or further from entrances, exits and vent intakes, in outdoor places of employment, in places of employment that are not open to the public, and in tobacco shops.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
If a smoking area is designated, what are the requirements?
Any designated smoking area must be outside and 20 feet away from entrances and ventilation intakes.
MARYLAND
Where is smoking NOT allowed?
Smoking is not allowed in indoor workplaces, with a few exceptions. Employers must post no smoking signs in front of each entrance of a workplace. Smoking is also not allowed in vehicles used in the course of employment
Where is smoking allowed?
Smoking is allowed in retail tobacco shops, research or educational laboratories that research tobacco, outside places of employment, and outside of a building.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
MASSACHUSETTS
Where is smoking NOT allowed?
Smoking is not allowed in enclosed workplaces in Masschusetts.
Where is smoking allowed?
Smoking is permitted in the following areas in Massachusetts:
- retail tobacco stores,
- smoking bars,
- tobacco farmer/manufacture facility if the purpose is for testing
- Outdoor places of employment
- Outside of a building
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
MICHIGAN
Where is smoking NOT allowed?
In all workplaces, defined as any enclosed indoor area that contains 1 or more employees, smoking is not permitted.
Where is smoking allowed?
In Michigan, smoking is permitted in outdoor places of employment, and outside of indoor places of employment.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
MINNESOTA
Where is smoking NOT allowed?
Smoking is not permitted in indoor workplaces that have two or more individuals that are employees, or in public transportation vehicles.
Where is smoking allowed?
Smoking is permitted in outdoor places of employment, and outside of your place of employment.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
May I smoke Electronic cigarettes?
No, Minnesota workplace smoking laws were updated in 2014 to reflect modern use of electronic smoking devices, and specifically ban their use in the workplace.
MISSISSIPPI
Where may employees NOT smoke?
The State of Mississippi does not regulate private workplaces smoking policies.
Where may employees smoke?
Smoking is permitted in any area that an employer allows employees to smoke.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
MISSOURI
Where are employees NOT allowed to smoke?
Employees in Missouri are not permitted to smoke inmost indoor workplaces, with a few exceptions noted below.
Where may employees smoke?
Employees in Missouri may smoke in the following areas:
- Bars / restaurants with fewer than 50 seats
- Bowling alleys
- Billiard parlors
- Stadiums with more than 15,000 seating capacity
- Outside of places of employment
- Outdoor places of employment
- Designated smoking areas
Requirements for designated indoor smoking areas:
- The designated area may only be 30% or less of the building
- There must be physical barriers separating the smoking areas
- There must be a ventilation system that is separate from the rest of the business
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
MONTANA
Where is smoking not allowed?
In Montana, smoking is prohibited in all enclosed indoor workplaces.
What do Montana�s smoking laws require?
Smoking is not allowed in any indoor area.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
NEBRASKA
Where is smoking is NOT allowed?
In Nebraska, smoking is prohibited in all enclosed indoor workplaces, with a few exceptions noted below.
What do Nebraska’s smoking laws require?
Smoking is not allowed in indoor area.
Where is smoking allowed?
Smoking is permitted in the following areas in Nebraska:
- Outdoor work areas
- Outside of your place of employment
- Guestrooms that are rented and allow smoking
- Indoor areas where scientific research is being done on smoking
- Tobacco retail outlets
- Cigar bars
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
NEVADA
Which work areas are you not allowed to smoke?
In Nevada, smoking is prohibited in all enclosed indoor workplaces.
Where may employees smoke?
Smoking is permitted in Outside areas.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
NEW HAMPSHIRE
Where are employees NOT allowed to smoke?
In New Hampshire, employees are prohibited from smoking in the following areas:
- Public educational faculties, during hours open to the public
- Hospitals or care facilities
- Grocery stores when by customers
- Restaurants
- Cocktail lounges
- Enclosed places owned by fraternal or religious organizations when they are open to the public
- Employees are not allowed to smoke in workplaces with four or more employees
Where are employees allowed to smoke?
Smoking is permittedinside any building that doesn’t fall under the category mentioned above, and outside of any building.
Do employers have to provide smoking areas?
No, employers may provide smoking areas, however, the following workplaces may not provide smoking areas:
- Restaurants
- Cocktail lounges
- Grocery stores
What are the requirements for smoking areas?
The following requirements apply to designated smoking areas in any workplace:
- Segregated from the rest of the workplace
- The size and location of the areas must be reasonable so it does not affect non-smokers
- Ventilation systems must be used
- Smoking area must not be near ventilation intake areas
Do employers have to provide non-smoking areas?
Generally, no. However, if an employee has a proven medical condition that is affected by secondhand smoke, a non-smoking environment must be provided by the employer.
NEW JERSEY
Where are employees not allowed to smoke?
Employees are prohibited in all enclosed indoor workplaces, with some exceptions noted below.
Where are employees allowed to smoke?
Smoking is permitted in the following places:
- Cigar bar /cigar lounge
- Any tobacco retail shops
- Tobacco manufacturing facility
- When done for testing purposes
- Casinos
- Hotel smoking rooms
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
Are there any recent changes in the law that I should be aware of?
Effective November 2017, only persons 21 years of age and older may purchase tobacco products or electronic smoking devices in the state of New Jersey.
NEW MEXICO
Where are employees NOT allowed to smoke?
Smoking is prohibited inall enclosed indoor workplaces where the employer has more than two employees, with a few exceptions noted below. An employer with fewer than two employees may allow smoking if the workplace is not accessible to the public and is not a bar or restaurant.
Where are employees allowed to smoke?
Smoking is permitted in the following areas:
- Jobs that take place outside
- Outside of buildings where an employee works
- Places of employment where only one employee is hired
- Cigar bar /cigar lounge
- Any tobacco retail shops
- Tobacco medical or scientific testing
- Casinos / bingo parlor
- Private clubs
- Hotel smoking rooms
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking areas?
Yes, an employer must provide a designated smoke-free area if an employee requests it.
NEW YORK
Where are employees not allowed to smoke?
Smoking is prohibitedinside all workplaces, with a few exceptions noted below.
Where are employees allowed to smoke?
Smoking is permitted in the following areas:
- Retail tobacco business
- Cigar bars
- Outdoor smoking area in restaurant if smoking is specifically permitted by the employer
- Workplaces that are located outside
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
NORTH CAROLINA
Where are employees not allowed to smoke?
Many places of employment may permit smoking if the employer allows it. However the following workplaces may not permit smoking:
- Bars
- Restaurants
- State government buildings and state vehicles
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
NORTH DAKOTA
Where are employees not allowed to smoke?
Employees may not smoke in indoor workplaces. Smoking is allowed in outdoor areas, except within 20 feet of entrances, exits, operable windows, air intakes, and ventilation systems of enclosed areas.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
OHIO
Where are employees NOT allowed to smoke?
Employees may not smoke inside public places of employment. Exceptions are made for family owned and operated businesses, if all employees are related to the employer and the area is not open to the public, and for retail tobacco stores.
Where are employees allowed to smoke?
Employees may smoke outside, so long as the area is one that has a low chance of the smoke entering the building. Tobacco may not enter through the entrance, windows, or ventilation systems.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
OKLAHOMA
Where are employees NOT allowed to smoke?
Employees may not smoke inside buildings or public transportation, unless there is an area that is specifically designated as a smoking area. Employees may not smoke within 15 feet of an exterior public doorway or intake vents for restaurants.
Where are employees allowed to smoke?
Smoking is permitted is all areas of the workplace, except:
- family owned and operated business, if all employees are related to the employer and the area only has occasional public access, and
- retail tobacco stores
What do Oklahoma’s smoking laws require?
Employees may not smoke in areas that are not designated smoking areas.
Requirements for smoking areas inside workplaces?
- The areas must be an area where no job function is required during work hours
- The area must have ventilation systems that exhaust air at least 15 feet from entrances, exist and other air intake spots
- The area must be fully enclosed
- Air may not circulate with nonsmoking areas
- Negative air pressure cannot force smoke out to non-smoking areas
- Employer must post signs indicate if a room is a smoking room
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
OREGON
Where are employees NOT allowed to smoke?
Employees in Oregon are prohibited from smoking in any enclosed areas used by employees. The only exceptions to this rule are smoke shops, cigar bars, and rooms at hotels where only 25% of the rooms are smoking rooms.
Where may employees not smoke?
Employees may not smoke in any building, or within10 feet of a building’s entrances, exists, open windows, or vent intakes.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
Are there any recent changes in the law that I should be aware of?
Effective January 2, 2018 , only persons 21 years of age and older may purchase tobacco products or electronic smoking devices in the state of Oregon.
PENNSYLVANIA
Where are employees NOT allowed to smoke?
Employees in Pennsylvania may not smoke inside any building. Smoking is permitted in outdoor areas if the employer designates areas as smoking permitted areas, with signs.
Where may employees smoke?
Employees may smoke in all of the following areas in Pennsylvania:
- outside
- Smoke shops
- Manufacture, importer, or wholesaler of tobacco products
- Hotel rooms with rooms that have only 25% of the rooms as smoking rooms
- Separate enclosed rooms designated for smoking in residential adult care facilities, mental health care facility, drugs and alcohol facility, or other health care facility
- Gaming floors
- But only designated areas that total 50% or less of the space or less
- Outdoor smoking areas in sporting or recreational facilities, theaters, or performance places
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
RHODE ISLAND
Where are employees NOT allowed to smoke?
In Rhode Island, employees may not smoke in most buildings. Employees may smoke in outdoor areas, if the employer permits it.
Where are employees allowed to smoke?
Employees may smoke in any of the following areas:
- outside
- Tobacco retail shops
- Outdoor places of employment
- Hotel rooms with rooms that have only 50% of the rooms as smoking rooms
- Separate enclosed rooms designated for smoking in residential assisted living and nursing facilities
- Stage performance, so long as smoking is part of the performance
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
SOUTH CAROLINA
Where may employees not smoke?
In South Carolina, employees may not smoke in public buildings. Smoking is permitted by law in all private workplaces, so long as it is permitted by the employer. This includes restaurants and bars. Examples of public workplaces where smoking is not allowed are
- Public transportation vehicles (except taxis)
- Children’s services
- Public schools
- Libraries
- Government buildings
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
SOUTH DAKOTA
Where may employees not smoke?
Employees may not smoke in most enclosed buildings. Smoking is permitted in smoking room in hotels and motels, cigar bars, and tobacco retail stores where at least 65% of profits come from tobacco and no alcohol is used or sold.
Where is smoking allowed?
Employees may smoke in outdoor areas, if the employer permits it.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
Do e-cigarettes count as smoking?
Yes. Where smoking is prohibited, using e-cigarettes is also prohibited.
TENNESSEE
Where may employees not smoke?
Employees may not smoke in most enclosed buildings. Employees may smoke in outdoor areas as long as their employer permits it, and in the following areas, unless it is prohibited by the employer:
- Age-restricted venues
- Smoking rooms in hotels and motels, If guest has rented room
- Tobacco retail stores
- So long as 65% of profits come from tobacco sales
- Cannot allow use of alcohol
- Tobacco manufacture, importer, or wholesaler
- Non-enclosed work areas
- Nursing homes and long-term care facilities that do not let smoke leave the designated smoking areas
- Outdoor areas of the workplace, if the employer permits
- Commercial vehicles when only the driver is in the vehicle
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
TEXAS
Where may employees NOT smoke?
Texas names the following workplaces as those where employees may not smoke:
- Child care centers / homes
- Elevators
- Enclosed theaters
- Libraries
- Museums
- Transit systems
- Planes
- Buses
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
UTAH
Where is smoking not allowed?
Smoking is not permitted in almost all indoor workplaces with a few exceptions noted below. Smoking is also not permitted within 25 feet of any entrance, exit, open window, or air intake.
Where is smoking allowed?
The following workplaces are exempt from ban on smoking:
- Owner-operated business that has no employees, other than the owner, so long as the public usually don’t enter the area
- Smoking areas in Salt Lake City International Airport
- Smoking rooms in hotels / motels
- Hookah bars
- E-cigarettes shops (only for smoking e-cigarettes)
May I smoke e-cigarettes at work? No. The only place where smoking e-cigarettes is permitted is in shops where 75% or more of the products for sale are e-cigarettes or related items.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
VERMONT
Where is smoking not allowed?
Smoking is not permitted in most enclosed structures. As of July 1, 2016, this prohibition also extends to electronic cigarettes, and any other battery operated device that delivers nicotine or any other substances into the body through inhaled vapor.
Where is smoking allowed?
Smoking is permitted in areas not commonly open to the public, so long as the business is owner-operated and there are no employees, or the area is also the employee’s residence.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
VIRGINIA
Employees may not smoke inside schools and child care facilities, or office building occupied by executive branch agencies. Employees may ONLY smoke in the following areas so long as employers provide separated and ventilated areas smoking areas:
- Retail stores
- Grocery stores
- Health care facilities
- Restaurants / Bars
Where is smoking allowed?
All businesses where smoking is not explicitly prohibited by law may permit smoking at the employer’s discretion. Employees may still smoke outside of the prohibited workplaces named above, unless the employer prohibits it.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
WASHINGTON
Where is smoking not allowed?
Employees may not smoke in any enclosed workplace that is open to the public. This includes buildings and vehicles.
Where can employees smoke?
Unless employers restrict such actions, employees may smoke outside so long as they are 25 feet or further from any entrance or exit. Smoking is also permitted in workplaces that are NOT open to the public.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
WEST VIRGINIA
Where is smoking not allowed?
Employees may not smoke in government buildings, inside school, or inside child care facilities.
Where may employees smoke?
In West Virginia, smoking is permitted inside any building not specifically prohibited above, or outside of any workplace.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
WISCONSIN
Where is smoking not allowed?
Smoking is not permitted in most enclosed workplaces, with some exceptions noted below. Outdoor locations where smoking is prohibited are sports arenas, bus shelters, and public conveyances.
Where are employees allowed to smoke?
Employees may smoke in retail tobacco stores that only allow smoking cigars and pipes, tobacco bars, and assisted living facilities.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.
WYOMING
Where is smoking not allowed?
Smoking is only prohibited in buildings controlled by the Capitol Building Commission, but these buildings usually have designated areas where smoking is allowed.
Where is smoking allowed?
All workplaces may allow smoking. The only restrictions are those implemented by the employer.
Do employers have to provide smoking areas?
No. Employers are not required to provide designated smoking areas.
Do employers have to provide non-smoking break areas?
No. Employers are not required to provide designated smoke-free areas.