Sample Smokefree Workplace policies

The expanded Clean Indoor Air Act explicitly prohibits smoking in virtually all areas of all workplaces in NYS. Employers and managers should consider establishing and posting a concise policy statement for their worksite.

Here are 4 samples you can refer to when drafting your policy.

1. Sample Smoking Policy for Bars and Restaurants
2. Sample Smoking Policy for Worksites
3. Sample Smokefree Workplace Policy
4. Sample Smokefree Workplace Policy

 

1. Sample Smoking Policy for Bars and Restaurants
Prepared by the Tompkins County Health Department, Environmental Health Division

Purpose
To provide a clean and healthy environment for our employees, customers, and visitors, recognizing that secondhand smoke form tobacco has direct adverse affects on the health of smokers and nonsmokers alike, and in accordance with Article 13-E of the New York Public Health Law.

Policy
Smoking shall not be permitted, and no person shall smoke in any indoor area. This includes the bar, dining room, office(s), kitchen, storage room, restrooms, and vehicles used for business.

[For Restaurants]

Smoking is prohibited in “outdoor” areas where a roof or ceiling enclosure exists. Up to 25% of seating in outdoor areas with no roof or ceiling enclosure may be smoking.

The smoking area will be at least three feet away from the outdoor area designated for nonsmoking, and the area shall be clearly designated with written signage as a smoking area.

“Smoking” or “No Smoking” signs, or the international “No Smoking” symbol shall be prominently posted and properly maintained where smoking is regulated by the [owner, manager or individual responsible for signage].

[For Bars]

Smoking is permitted in all outdoor areas including areas covered by a roof or ceiling. Smoking is prohibited in “outdoor” areas enclosed on the sides in addition to a roof or ceiling.

“Smoking” or “No Smoking” signs, or the international “No Smoking” symbol shall be prominently posted and properly maintained where smoking is regulated by the [owner, manager or individual responsible for signage].

Enforcement
This policy applies to all employees, customers, suppliers, and visitors. Individuals violating this policy shall be reminded of the law and asked politely to step outside to smoke. The person(s) in charge must make a good faith effort to prevent smoking in prohibited areas. Police will be called if the violator is belligerent or threatening physical harm.

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2. Sample Smoking Policy for Worksites
Prepared by the Tompkins County Health Department, Environmental Health Division

Purpose
To provide a clean and healthy environment for our employees, customers, and visitors, recognizing that secondhand smoke form tobacco has direct adverse affects on the health of smokers and nonsmokers alike, and in accordance with Article 13-E of the New York Public Health Law.

Policy
Smoking shall not be permitted, and no person shall smoke in any indoor work area. This includes hallways, meeting rooms, cafeterias, private and non-private offices, shops, warehouses, and vehicles used for business.

[You may wish to indicate where smoking is allowed outside your facility.]

“Smoking” or “No Smoking” signs, or the international “No Smoking” symbol shall be prominently posted and properly maintained where smoking is regulated by the [owner, manager or individual responsible for signage].

Enforcement
This policy applies to all employees, suppliers, visitors, and customers. Individuals violating this policy shall be reminded of the law and asked politely to step outside to smoke (except where smoking on the grounds is prohibited). The person(s) in charge must make a good faith effort to prevent smoking in prohibited areas. Employees may be subject to disciplinary action if warnings are ignored.

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3. Sample Smokefree Workplace Policy
Adapted from a Smokefree Policy developed by the American Cancer Society.*

To fully comply with the New York State Clean Indoor Air Act, and in the interest if providing a safe and healthy environment for both employees and the public, smoking restrictions have been established.

Purpose
A smokefree policy has been developed comply with current state regulations, and to protect all employees and visitors from secondhand smoke, an established cause of cancer and respiratory disease. The policy set forth below is effective [July 24, 2003] for [organization name and location].

Requirements
The importance of employee health requires [organization] to adopt and implement a written no smoking policy that provides employees with a smokefree environment.

Restrictions
Smoking is prohibited throughout the entire workplace, with no exceptions. Smoking is not permitted anywhere in the workplace, including all indoor or enclosed facilities and all vehicles and equipment.

Signage
"No Smoking" signs must be clearly posted in all areas.

Problem Solving
Among employees, any disputes involving this policy will be handled through established [organization] procedures for resolving other work-related and human resources-related problems. Disputes involving visitors, customers, and other individuals who at the time of the dispute are not on duty as employees will be handled through established procedures for resolving other public dispute and compliance situations.

Compliance
Complying with this smokefree workplace policy is mandatory for all employees and persons visiting the organization with no exceptions.

Violations of the NYS Clean Indoor Air Act may be anonymously reported to the Tompkins County Health Department by calling 607-274-6688.

Questions
Any questions regarding the smokefree policy should be directed to __________.

Your policy might also include information for employees who want to quit. This may include local cessation programs, details about health insurance coverage for cessation prescriptions, referral and hotline numbers, etc.

The NYS Department of Health Smokers Quitline is 1-866-NY QUITS.

The American Cancer Society Eastern Division, Inc., "Living Well... Tobacco Free, a comprehensive guide to tobacco control in the workplace," page 71.

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4. Sample Smokefree Workplace Policy
Adapted from a local employer

Effective
July 24, 2003

Objective
To establish policy regarding smoking in [organization name] office space (includes offices, hallways, bathrooms, stairs, mechanical and cleaning areas, vehicles, conference/ meeting rooms, and all other interior or enclosed work areas.)

Reference
Section 1399-O of the New York State Public Health Law, "Regulation of Smoking in Public and Work Places."

Policy
Smoking is not permitted by any employee, official, client or the public in any [organization] building, vehicle or enclosed area.