Workplace Smoking Rules in Maryland

General provisions. Maryland's prohibition on smoking in an enclosed workplace applies to all enclosed workplaces where an employer/employee relationship exists, with the exception of tobacco establishments that engage primarily in the sale of tobacco and tobacco-related accessories, vehicles when used in the course of employment and occupied by only one individual and smoking that is necessary in conducting scientific research on the health effects of tobacco smoke at an analytical or educational laboratory. Smoking is also prohibited in all state buildings.

Written policy requirements. Although employers are not required to establish a smoking policy under Maryland's regulation prohibiting smoking in enclosed workplaces, two policy matters are covered in the regulation. First, employers are permitted to, but not required to, provide a designated smoking area. Second, employers are not prevented from prohibiting smoking in areas not covered by the regulation. In addition, procedures must be in place for periodic evaluation and constant enforcement of compliance with the regulation. Employers should have a disciplinary policy for employees who violate the regulation.

Posting requirements. Maryland requires that a no-smoking sign be displayed at each entrance to an enclosed workplace. The sign must state that smoking is prohibited, but the type and design of the sign is not specified. The sign may be free-standing or permanently affixed to the entrances. Where a smoking area has been designated in an enclosed workplace, a sign stating that smoking is permitted is appropriate. Signs are available from office supply companies, sign manufacturers, printers, hardware stores and safety supply companies.

In buildings with multiple employer units (such as high-rise office buildings), the building owner may post signs at building entrances to satisfy the requirements for all building tenants. Where the building owner does not post the required signs, individual employers must do so at the entrance to their workplaces.

No smoking areas. Maryland prohibits smoking in all workplaces, except bars, restaurants and other establishments with liquor licenses. Smoking is only permitted in designated smoking areas in the workplace that have certain characteristics, including a ventilation system that exhausts air directly to the outside.

Designated smoking areas. An employer may permit smoking in a designated smoking area in its enclosed workplace. The designated smoking area must meet the following criteria:

1. Have solid walls and ceiling and a closable door;
2. Have walls tightly joining floor and ceiling;
3. Have openings to adjacent enclosed workplaces limited to make-up air inlets (an opening that supplies outside air to replace the volume of air exhausted from the room — this air is under positive pressure to the air in the room);
4. Have a ventilation system that exhausts directly to the outdoors without recirculation to nonsmoking areas;
5. May not be located where employees, other than custodial or maintenance personnel, are required to work; and
6. Must be under negative pressure sufficient to prevent smoke migration to enclosed workplaces.

Cleaning and maintenance work in the designated smoking area must be done while no one is smoking in the area. Periodically, but at least quarterly, the employer must inspect the ventilation in the designated smoking area to ensure that appropriate negative pressure is being maintained.

Permitted smoking areas. Smoking may not be restricted in any of the following establishments: (1) any establishments or restaurants that possess an alcoholic beverage license; (2) bars; (3) taverns; (4) hotels; and (5) motels, unless smoking is prohibited in a specified area only and the areas where smoking is allowed: (1) are entitled to receive the same services, allow the same activities and be at least the same area size as the areas where smoking is prohibited; and (2) is established without any requirements to modify the structural or atmospheric conditions of the smoking areas.