Workplace Smoking Rules in North Dakota

General provisions. Smoking is only permitted in designated areas within places of public assembly and public workplaces.

Effective August 1, 2005, smoking is prohibited in all enclosed areas of public places and places of employment.

Employers covered. Employers with one or more employees.

Written policy requirements. Employer policy not specified.

Posting requirements. Signs must be posted in any designated smoking area in a place of public assembly stating "Designated Smoking Area" or words to that effect.

No smoking areas. Smoking is not permitted in an early childhood facility at any time when a child who receives services from that facility is present and receiving services.

Designated smoking areas. Smoking is only permitted in designated areas within places of public assembly. "Place of public assembly" means enclosed theaters, auditoriums, gymnasiums, elevators, libraries, vehicles used in public transportation — and waiting areas in public transportation terminals, rooms where individuals are confined for health care — including the waiting room, restroom, lobby or hallway of a hospital, nursing home, rest home or other health care facility, and any building owned or leased by the state or a political subdivision of the state — including public education buildings. Also included are areas not included above that have a seating capacity of 50 or more and that are available to the public — including all types of eating establishments. Excluded are private, enclosed rooms of a residence, bars and taverns.

Effective August 1, 2005, smoking is permitted in private residences, except those operating as a child care facility when children are present; hotel and motel rooms and other places of lodging rented to guests and designated as smoking rooms; retail tobacco stores, provided that smoke from these establishments does not infiltrate into areas where smoking is prohibited; outdoor areas of employment, except a sports arena; any area not commonly accessible to the public and that is part of an owner-operated business having no employee other than the owner-operator; bars; places of public access rented or leased for private functions from which the general public and children are excluded and arrangements for the function are under the control of the function sponsor; and separately enclosed areas in truckstops accessible only to adults. Smoking as part of a traditional American Indian spiritual or cultural ceremony is not prohibited. A patient may smoke in a state-licensed hospital or on its grounds if the patient's attending physician authorizes the activity based on medical policies adopted by the hospital organized medical staff. A resident of a licensed basic care facility or licensed nursing facility may smoke in the facility or on its grounds if approved by the board of the facility. A person or employer can not discharge, refuse to hire, or in any manner retaliate against an employee, employee applicant or other person because that person asserts or exercises rights afforded by this law or attempts to prosecute a violation of the law.

The designated smoking area may not cover more than 50 percent of a covered area, except that a restaurant may temporarily, during the course of a business day, expand the designated smoking area if the smoking area fills up and additional area for expansion is available.