Workplace Smoking Rules in Nebraska

General provisions. Smoking is prohibited in public places, except in designated smoking areas. If a workplace is not open to the general public, the employer may restrict or prohibit smoking if the ventilation system is inadequate to prevent health risks from smoke or to preserve the comfort of nonsmokers.

To apply for a waiver of the Clean Indoor Air Act or these rules, the proprietor or other person in charge must submit a written application to the Department of Health and Human Services Regulation and Licensure.

Employers covered. Employers with one or more employees.

Written policy requirements. Employer policy not specified.

Posting requirements. Signs must be posted to indicate the areas in which smoking is prohibited or permitted. All restaurants and bars must post signs that notify the public of the smoking status of the establishment. Child care providers must post appropriate signs to notify the public that the facility is a smoke free environment. If a child care provider designates an outdoor smoking area, the sign must indicate that the interior of the facility is smoke free.

No smoking areas. Smoking is prohibited in all Nebraska public places, except where designated. Public areas are any enclosed, indoor areas used by the general public or serving as a place of work, including such places as commercial establishments, public transportation, educational facilities, hospitals, meeting rooms and auditoriums but excluding private, enclosed offices occupied exclusively by smokers, even though the offices may be visited by nonsmokers. The law does not apply when an entire room or hall is used for a private social function and seating arrangements are under the control of the function's sponsor, not the proprietor of the facility.

With respect to factories, warehouses and similar places of work not visited by the general public, state regulations to restrict or prohibit smoking have been developed where the close proximity of workers or the inadequacy of ventilation cause smoke pollution detrimental to the health and comfort of nonsmoking employees.

Child care programs that are required to be licensed and that are not in the residence of the provider must be smoke free environments. If the provider designates a smoking area, it must be at least 50 feet from the building and out of sight of the children.

Designated smoking areas. A proprietor or person in charge of a public place has a duty to prevent smoking and must make reasonable efforts to do so by: (1) posting appropriate signs; (2) arranging seating to provide a smoke-free area; (3) asking smokers to refrain from smoking upon request of a client or employee suffering discomfort from the smoke; or (4) any other means appropriate. Smoking restrictions may be waived by the Department of Health, upon request, if there are compelling reasons to do so and a waiver will not significantly affect the health and comfort of nonsmokers.

Smoking areas designated by proprietors or other persons in charge must have existing physical barriers and ventilation systems to minimize the toxic effects of smoke in adjacent nonsmoking rooms. One-half of single-room public places must be reserved and posted for nonsmoking, and no public place, other than a bar or restaurant that must conspicuously post its smoking status, having less than 1,200 square feet can be designated as a smoking area in its entirety.

Permitted smoking areas. Smoking is permitted in private offices that are occupied only by smokers and at private social functions if seating is not under control of the proprietor of the establishment.