labor lawAdivision of labor law center

Yesterday, Illinois Governor Rod Blagojevich signed a bill that will ban smoking in almost all workplaces throughout the state effective January 1, 2008. With the bill, Illinois joins 16 states that have already made smoking illegal in the workplace.

Non-smokers hail this as a seminal event for the health and well-being of workers, while smokers see it as a further erosion of their first amendment right to “the pursuit of happiness.” The law is aimed at preventing employees from being exposed to second-hand smoke at work.

Under current Illinois law, smoking is legal in factories, warehouses and similar places of employment that are not usually open to the public.  Smoking is currently acceptable in casinos, bars and private clubs. Also under the current regulations, a group or individual can rent a private room in a banquet hall or restaurant and permit smoking. Under the new law, all of that will change in January. The law will specifically ban smoking sections of bars and restaurants. It also closes a loop-hole that permitted smoking in private homes where a day-care center is operated.

The new law will NOT ban smoking in private, enclosed offices where all the workers smoke, even if non-smokers must visit the offices on occasion. Critics point to this as a major flaw in the law. The law also permits smoking in retail stores that derive at least 80% of their revenue from the sale of tobacco products. Smoking will still be permitted in enclosed personal spaces, such as private homes and personal vehicles, and in specifically designated hotel rooms.

Critics also argue that the penalties under the new law are too low, with fines of $100 to $250 to individuals for violations. Fines for businesses that violate the law start at $250. 

An important feature of the new law prohibits smoking within 15 feet of any entrance or exit door in the workplace. The current Illinois Clean Indoor Air Act contains no such provision. The sight of workers braving sub-zero winter temperatures to smoke outside the door of an office or shop is very common. Workers and customers must frequently walk through a cloud of smoke blanketing the entrance, to gain access to a restaurant, store or office under the current system.

Under the Illinois Clean Indoor Air Act, smoking has been banned in most public places in the state for a number of years. That includes smoking in any indoor area used by the public, or as a place of work, including hospitals, restaurants, retail stores, offices, elevators, theaters, libraries, art museums, concert halls, schools, nursing homes, auditoriums and meeting rooms. The current law provides for smokers to be fined up to $500 for a first offense. Anyone who persists may be found in contempt of court and imprisoned for a short time, as well as fined.

The current Illinois Clean Indoor Air Act does allow for smoking in areas that are specifically posted as “smoking areas” including some areas of restaurants, bars and nursing homes. The act originally made exceptions for a number of businesses, including bowling allies, and bars. All of these areas will become off limits to smokers under the new law.

A number of counties and municipalities already have laws that prohibit smoking. Cook County, the home of Chicago and 43.3% of the state’s population, bans smoking everywhere except designated rooms in hotels and nursing homes. The county does permit municipalities to “opt out” by allowing smoking in designated sections of restaurants and bars in Rosemont and a few other areas. Other Illinois cities outside Cook County, including Normal, Illinois have banned smoking in all workplaces, even restaurants and bars.

States that currently have 100% smoking bans in workplaces include Arizona, California, Delaware, Florida, Hawaii, Louisiana, Massachusetts, Montana, Nevada, New Jersey, New York, North Dakota, Ohio, Rhode Island, South Dakota, and Washington.  These states prohibit smoking in public and private workplaces regardless of size. They do not allow smoking in separately ventilated rooms in offices, factories or warehouses. The Commonwealth of Puerto Rico also has such a law. South Dakota has a similar law, but does permit smoking sections in restaurants or bars. 

In addition, at least 340 municipalities nationwide ban smoking in the workplace, from Anchorage, Alaska to Laramie, Wyoming. Some of these bans permit smoking in separate sections of restaurants and bars, while most do not.

 

 

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1. Posted by: New Hampshire Non-Smoking Law - Labor Law Center Blog

   [...] Illinois recently introduced a stiff smoking ban of its own, although the law does allow smoking in private offices where all the occupants smoke, even if the public or non-smokers must occasionally enter the office. [...]

2. Posted by: Illinois Smoking Ban May Expand - Labor Law Center Blog

   [...] A smoking ban in Illinois may soon be expanded even further. [...]

3. Posted by: Dennis

   Dear Amelia: We in Kenosha are hearing that Illinois has changed its law a bit to allow for taverns to have smoking if they apply for a specific permit. Is that true and, if so, where can I get more information?

4. Posted by: Amelia

   Hi Dennis!

   As far as we can tell, the information that you are hearing is incorrect. The Illinois Smokefree Act prohibits smoking in all restaurants and bars, period. There is no recent change to that law. If you have more specific information, we’d love to see it.

   The law does permit smoking in tobacco shops, as long as 80% of the business revenue is from tobacco. But, even then, smoking is not permitted if the business has a liquor license, restaurant license or lounge license. More info:
   http://www.idph.state.il.us/smokefree/sf_info_faq.htm

   Some reports are that licenses are not being issued to new tobacco shops, or that the new tobacco stores must be non-smoking.

   This law took effect on Jan. 1, 2008. Prior to that there were a number of cigar bars in the Chicago area. This law effectively put them out of business.

   Apparently a few existing tobacco shops are circumventing the law by operating two separate businesses. They have an existing tobacco store; next door, they open a separate bar that is non-smoking. Some probably have a door between the two, although this is probably illegal. It would also be illegal for them to permit a customer to take a drink from one room to the other — although it may happen at times.

   A few tobacco stores may also permit patrons to BYOB (bring your own bottle) if that is legal in their area.

   The law also apparently permits smoking at outdoor tables of restaurants and bars, as long as the tables are at least 15 feet from any door, window or air duct. Apparently table service is permitted at these outdoor locations, even while patrons are smoking.

   The fine for violations is up to $250 for an individual or up to $2500 per incident for a business owner. HTH, and thanks for reading the blogs!~ Amelia