Workplace Smoking Rules in Michigan

Employers covered. Employers with one or more employees.

Written policy and posting requirements. The agency or person who owns or operates a public place must post signs stating that smoking in that public place is prohibited except in designated smoking areas, provide — as much as possible — a smokefree area and have and enforce a policy for the separation of smokers and nonsmokers.

No smoking areas. Public places. Smoking is prohibited, except in designated areas in public places including any enclosed, indoor area owned or operated by a state or local governmental agency and used by the public or as a place of work for public employees or a meeting place for a public body such as an office, education facility, health care facility, auditorium, arena, meeting room or public conveyance.

In addition, the smoking prohibition covers the following enclosed, indoor areas that are not owned or operated by a state or local governmental agency that are used by the general public: educational facilities, health care facilities, auditorium, arenas, theaters, museums, concert halls and other facilities while in used for performances or exhibits of the arts.

Child care centers. Smoking is prohibited in child care centers and their surrounds. If a child care center is located in a public or private school building with a designated smoking area, smoking is permitted in the designated area so long as the smoking area is located in a private, enclosed room or office that is both physically and visually separate from the common areas and the child care areas.

Food service establishments. Smoking is not permitted in public areas of food service establishments. Public areas include bathrooms, coatrooms and entrance or other areas used by patrons when not seated at a food service table or counter. Public areas do not include lobbies, waiting rooms, hallways and lounge areas, but these areas are not required to be designated as smoking areas.

A food service establishment with a seating capacity of fewer than 50 and a food service establishment that is owned and operated by a private club, regardless of seating capacity, may designate up to 75 percent of its seating capacity as seating for smokers.

A food service establishment with a seating capacity of 50 or more that is not owned or operated by a private club may designate up to 50 percent of its seating capacity as seating for smokers.

When a food service establishment designates seating for smokers, it must: (1) clearly identify the nonsmoking seating; (2) place seats for nonsmokers in close proximity to each other; and (3) locate the seats for nonsmokers so as not to discriminate against the nonsmokers.

The smoking in food service establishment rules also apply to a food service establishment or group of food service establishments that are located in a shopping mall where seating is provided by the owner of the shopping mall, rather than the food service establishment or group of establishments. The rules do not, however, apply to a private facility that is serviced by a catering kitchen or to a separate room in a food service establishment that is used for private banquets.

Designated smoking areas. Designated smoking areas not specified.

Permitted smoking areas. Excluded from the definition of "public place" and, therefore, from the prohibition against smoking, is any private, enclosed room or office occupied exclusively by a smoker, even if the area may be visited by a nonsmoker. Also excluded are areas used for private functions where the seating arrangement are under the control of the event sponsor, food service establishments, licensed premises (bars), private educational facilities after regularly scheduled school hours.

Visitors to nursing homes must refrain from smoking in nonsmoking rooms or wards and may smoke only in designated areas. Staff are only allowed to smoke in designated smoking areas and not in patient rooms or while performing duties in the presence of patients. Eating areas must have smoking and nonsmoking areas. Tobacco products may not be sold on the premises, except as provided for by the owner or governing board. Signs indicating that smoking is prohibited except in designated areas are to be posted at each entrance to the facility and in each designated smoking area.