Workplace Smoking Rules in New York

General provisions. New York protects nonsmokers from exposure to secondary smoke in the workplace. Covered workplaces include any indoor area where employees perform services that is not generally accessible to the general public, however the law also regulates smoking in indoor areas that are generally accessible. Accordingly, an employer that fits into either category would be subject to the law.

Effective July 24, 2003, a strict antismoking law prohibits smoking in almost every workplace, including bars and restaurants.

Employers covered. Employers with one or more employees.

Written policy requirements. The law requires employers, including state and local governments, to adopt and implement a written smoking policy. This policy must designate smokefree work areas for nonsmoking employees, although the employer is not required to make expenditures or structural changes to create these areas. Work areas permitting smoking may be provided if all employees agree to the designation.

The policy must also set aside contiguous nonsmoking areas large enough to accommodate employee demand in employee cafeterias, lunch rooms and lounges. The policy should prohibit smoking in common workplace areas such as rest rooms, elevators, classrooms, hallways and photocopy machine rooms, and prohibit smoking in conference rooms unless no one objects.

Posting requirements. Copies of the employer's smoking policy should be posted in the workplace and distributed to employees upon request. Signs must read "Smoking" or "No Smoking" or have the international "No Smoking" symbol prominently displayed.

No smoking areas. Smoking is prohibited in these indoor areas that are open to the public: auditoriums, elevators, gymnasiums, indoor swimming pools, indoor areas of food stores (note that a separate rule governs restaurants), classrooms, public mass transportation, ticketing and boarding areas in public transportation terminals, youth centers and detention facilities, child care services facilities, child day care centers, group homes for children, public institutions for children, residential treatment facilities for children, general hospitals and residential health care facilities.

In addition, smoking is prohibited except in designated areas in all public and private schools, in hospitals and health care facilities (except in cafeterias), in public buildings, theaters, museums, libraries, retail stores, commercial establishments, indoor arenas, waiting room and waiting areas, banks, restrooms and service areas in cafeterias, businesses selling food and zoos.

Food service establishments must provide a nonsmoking section and may not determine that no demand for a nonsmoking section exists.

Designated smoking areas. The fact that an employer is permitted to designate smoking areas does not prevent that employer from designating the entire workplace or a part of it as nonsmoking. To the extent possible, separate rooms should be set aside for smoking.

Permitted smoking areas. Excluded from coverage under New York's smoking law and, therefore, from the prohibition against smoking, are private homes, private automobiles, indoor areas being used for a private social function when the seating arrangements are under the control of the event sponsor, a convention or trade show that has advertised that smoking will not be restricted and has posted the same information at the entrance, hotel and motel rooms, tobacco businesses, limousines under private hire, private boxes in indoor arenas and bars.