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Illinois Smoking Ban Goes Into Effect January 1, 2008

November 13th, 2007 Posted by Amelia

A tougher Illinois workplace smoking ban goes into effect on January 1, 2008. The Smoke Free Illinois Act of 2007 or SFIA will replace the old Illinois Clean Indoor Air Act.

The new law will eliminate smoking in any public place or place of employment. In addition, it will ban smoking within 15 feet of any entrance to a public place or place of employment.

Under the old Illinois smoking law, many employees would cluster just outside the door of their workplace in winter, hurriedly sucking down a few puffs of nicotine in the frigid wind. Other employers would set aside an interior smoking room with special ventilation. Under the new law, smokers will have to venture at least 15 feet from the protection of the building in order to light up.

The Illinois Clean Indoor Air Act eliminated smoking in many public areas including hotel lobbies, retail stores and sporting events. However, the old law permitted smoking in bowling alleys, bars and within the smoking section of restaurants. All of that will change on the first day of the new year.

Under the current Illinois smoking law, smoking is permitted in private enclosed offices if all the occupants are smokers. IT is also permitted in factories, warehouses and similar businesses that are not frequented by the general public. The old law also permitted specific areas within an establishment – including a workplace – to be posted as a smoking area. None of these exceptions are permitted under the SFIA.

The new Illinois smoking ban will prohibit smoking in indoor places of employment, unless specifically exempted. The law defines smoking as carrying a lit cigarette, pipe, cigar or any other smoking material or implement. In addition, smoking, burning, inhaling and exhaling are also defined as smoking. The law specifically prohibits herbs and weeds as well as tobacco.

The new law also specifically prohibits smoking in any vehicle owned, leased or operated by the state or any city or community subdivision of the state.

Any area that employees must walk into, through or past to enter or exit the workplace is included in the ban. Thus, if employees must walk through a covered entranceway to enter the building, that entranceway would be covered under the ban. Smoking could only take place 15 feet from the entranceway.

Smoking is also prohibited 15 feet from any windows that open or ventilation intakes that serve an indoor workplace.

There are a number of exceptions to the tough new smoking regulations. Smoking is permitted in private residences or dwellings, even if they are the location of a home-based business. However, if the business is a childcare facility, or if it is open to the public, smoking must be banned.

Smoking is permitted in private and semi-private rooms in nursing homes and long-term care facilities occupied by one or more people, as long as all the residents of the room agree, and the smoke does not infiltrate the other areas of the facility.

Retail tobacco stores may allow smoking, only if more than 80% of their gross revenue comes from the sale of tobacco and tobacco-related products. However, a tobacco retailer in a larger commercial establishment, such as a mall or department store, cannot allow smoking. If any part of the establishment has a liquor, food or restaurant license, smoking is also prohibited.

Up to 25% of the rooms in any hotel may be designated as smoking rooms, provided that all the smoking rooms on a floor are clustered in one area and the smoke does not infiltrate the other areas of the building.

The SFIA requires that employers “clearly and conspicuously” post non-smoking signs such as the ones available at www.laborlawcenter.com at each entrance. The international “no smoking” symbol is an acceptable substitute. In addition, employers are required to remove all ashtrays from the areas where smoking is prohibited.

The SFIA is enforced by the Illinois Department on Health and local law-enforcement agencies. The Department of Health will install a special toll-free number specifically to report smoking violations.

Anyone smoking in the workplace in violation of the SFIA will be fined $100 to $250 per violation. Any person who owns, operates, manages or otherwise controls a workplace, and permits smoking, will be subject to fines. The initial fine is $250, with a fine of $500 for a second offense and $2,500 for the third offense within one year.