Workplace Smoking Rules in Idaho

General provision. Smoking is prohibited in public places and in public meetings.

Public place means any enclosed indoor place of business, commerce, banking, financial service or other service related activity, whether publicly or privately owned and whether operated for profit or not, to which persons not employed at the public place have general and regular access or which the public uses, including restaurants and publicly-owned buildings or offices.

Employers covered. Employer means any person, partnership, limited liability company, association, corporation, or nonprofit entity that employs one or more persons.

Employer requirements. An employer or other person in charge of a public place or publicly-owned building or office shall not knowingly or intentionally permit the smoking of tobacco products in violation of the law.

Permitted smoking areas. Smoking is permitted in smoking areas or throughout whole bars; private social functions; lodging guest rooms; areas of owner-operated businesses; home offices and businesses other than child care; bowling alleys; tobacco shops; and employee breakrooms.

Designated smoking areas. Smoking is permitted in designated employee breakrooms established by small business owners employing five or fewer employees, provided that the breakroom is not accessible to minors, that it is separated from other parts of the building by floor to ceiling partition, that it is not the sole means of entrance or exit to the establishment or its restrooms, and it is located in an area where no employee has to enter to perform work responsibilities. Work responsibilities do not include custodial or maintenance work performed in a breakroom when it is unoccupied. "Warning: Smoking Permitted" signs, with letters at least an inch high, must be prominently posted in a smoking breakroom and properly maintained by the employer. Employers are not required to provide reasonable accommodation to smokers, or provide breakrooms for smokers or nonsmokers. Employers are permitted to prohibit smoking in an enclosed place of employment.

Effective March 21, 2005, smoking is permitted in state veteran homes that permit smoking in designated areas, provided that physical barriers and ventilation systems are used to reduce smoke in adjacent nonsmoking areas.

Local regulation. Local county or municipal governments may adopt ordinances or regulations that are more restrictive than the state smoking provisions.

Posting requirements. Posting not specified.