[§328K-13]  Regulation of smoking in the office workplace.  (a)  Each employer in the State shall within three months after June 24, 1987, adopt, implement, and maintain a written smoking policy which shall contain, at the minimum, the following provisions and requirements:

     (1)  That if any nonsmoking employee objects to the employer about smoke in the employee’s workplace, the employer, using already available means of ventilation or separation or partition of office space, shall attempt to reach a reasonable accommodation, insofar as possible, between the preferences of nonsmoking and smoking employees; provided that an employer is not required by this chapter to make any expenditures or structural changes to accommodate the preferences of nonsmoking or smoking employees; and

     (2)  That if an accommodation which is satisfactory to all affected employees cannot be reached in any given office workplace, the preferences of a simple majority of employees in each specifically affected area shall prevail and the employer shall accordingly prohibit or allow smoking in that particular area of the office workplace.  If the employer’s decision is unsatisfactory to the nonsmoking employees, a simple majority of all nonsmoking employees can appeal to the director of health for the determination of a reasonable accommodation.  Where the employer prohibits smoking in an office workplace, the area in which smoking is prohibited shall be clearly marked with signs.

     (b)  The smoking policy shall be announced within two weeks of the vote of preferences of the employees in each respective work area and posted conspicuously in all the affected workplaces. [L 1987, c 245, pt of §2]

 

Revision Note

 

  “June 24, 1987” substituted for “the effective date of this chapter”.