Workplace Smoking Rules in Pennsylvania

Employers covered. Employers with one or more employees.

Written policy requirements. Under the law, employers are required to develop, post and implement a policy to regulate smoking in the workplace, provided that such policy does not conflict with any rights under a collective bargaining agreement. A copy of the smoking policy must be provided to any employee upon request.

Posting requirements. Employers must post their smoking in the workplace policies.

No smoking areas. Pennsylvania's law controlling smoking in public places also applies to workplaces — both public and private. The law prohibits smoking in designated nonsmoking areas of public places.

Public places include enclosed, indoor areas such as workplaces, educational facilities, health facilities, auditoriums, arenas, theaters, museums, restaurants seating 75 or more, concert halls and any other facility during its use for a performance or exhibit of the arts.

Designated smoking areas. Restaurants with seating capacities of 75 or more must provide smoking and nonsmoking seating areas and post signs that are readily visible indicating smoking and nonsmoking areas. Restaurants with seating capacities of less than 75 may choose not to provide a nonsmoking area but must post a notice that there is no nonsmoking area at each entranceway.

Permitted smoking areas. Exempt from the restriction on smoking in workplaces are factories, warehouses and other places of work not frequented by the general public, private social functions where the area used is under the control of the function sponsor, bars, lobbies and hallways, hotel or motel rooms and retail stores whose primary business is selling tobacco products.