labor lawAdivision of labor law center

Illinois employers need to be aware of a tough new workplace smoking ban that went into effect on January 1, 2008. The Smoke Free Illinois Act of 2007 or SFIA replaces the old Illinois Clean Indoor Air Act.

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

The new Illinois smoking ban prohibits 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.

Smoking is prohibited 15 feet from any windows that open or ventilation intakes that serve an indoor workplace under the new law.  

In past years, the sight of smokers huddled near the entrance to buildings, puffing away in sub-zero temperatures was commonplace across Illinois. While this tactic made smoking a chilly proposition, tobacco addicts at least had some protection from the icy winds, and an occasional waft of heat from an open door. Those days are past, now.

One if the few exceptions under the SFIA is that smoking is permitted in tobacco stores. According to the Chicago Tribune, a few restaurants have applied for licenses as tobacco stores, in an effort to circumvent the new law.

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.

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.

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 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.

The SFIA is enforced by the Illinois Department of 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. Violations can be reported at 1-800-NO-SMOKE or www.ILsmokefree.org.

 

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