Workplace Smoking Rules in California

General provisions. Covered employers are required to provide clear and reasonable warning of any toxic substances in the workplace, including tobacco smoke.

Employers covered. The law prohibiting smoking in enclosed workplaces is applicable to all places of employment in the state.

Written policy requirements. Employer policy not specified.

Posting requirements. If smoking is permitted in the workplace where 10 or more are employed, the following state-approved warning be posted:

"WARNING: This facility permits smoking and tobacco smoke is known to the State of California to cause cancer."

This warning must be posted in a conspicuous place where it will be read prior to exposure — preferably at the entrance of any area where smoking is permitted.

For purposes of California's statewide ban on smoking in all enclosed areas of employment, employers that post clear and prominent signs indicating where smoking is prohibited and where smoking is permitted are deemed not to have knowingly and intentionally permitted nonemployees to smoke in their enclosed workplaces.

No smoking areas — enclosed places of employment. Smoking is prohibited in all enclosed places of employment in California. The prohibition is a statewide prohibition that supersedes all local regulation of smoking in enclosed workplaces. Any area not defined as a place of employment is subject to local regulation of smoking.

Effective January 1, 2007, the definition of enclosed spaces of certain places of employment includes lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of the building that is the place of employment.

Places of employment do not include the following for purposes of the smoking prohibition law:

  1. 65 percent of the guest rooms in a hotel, motel or similar transient lodging establishment;
  2. Lobbies of hotels, motels and other similar transient lodging establishments that are designated as smoking areas;
  3. Meeting and banquet rooms in hotel, motels and other transient lodging establishments, except while food or beverage functions are taking place or when the room is being used for exhibit purposes;
  4. Tobacco shops and private smokers' lounges;
  5. Cabs of motor trucks or truck tractors if no nonsmoking employees are present;
  6. Warehouse facilities;
  7. Gaming clubs;
  8. Bars and taverns;
  9. Theatrical production sites, if smoking is an integral part of the production;
  10. Medical research or treatment sites if smoking is integral to the research or treatment;
  11. Private residences, except private residences licensed as family day care homes, during the hours of operation as family day care homes and in those areas where children are present;
  12. Patient smoking areas in long-term health care facilities;
  13. Breakrooms that have been designated as smoking areas by the employer; and
  14. Employers with five or fewer employees if:
    • The smoking area is not accessible to minors
    • All employees who enter the area agree to permit smoking and
    • Air from the smoking area is vented directly outside.

The law does not prevent an employer from prohibiting smoking in an enclosed place of employment for any reason.

Restaurants. Within every restaurant in a publicly owned building serving food or alcoholic beverages in rooms with seating capacity of 50 or more, 20 percent of the serving area must be reserved for nonsmokers. Signs designating the area as nonsmoking must be posted. Banquet rooms used for private functions are excluded. Restaurant employees may not smoke in areas where food is prepared or where utensils are washed or stored.

Retail food establishments. No smoking is allowed in areas of retail food production and marketing establishments during the hours that they are open to the public.

Day care centers. Smoking is prohibited in day care centers and family day care homes.

Playgrounds. Smoking or disposing of any tobacco-related waste, is prohibited within 25 feet of a playground or tot lot sandbox area.

Public buildings. Smoking inside of a public building or within 20 feet of a main exit, entrance or operable window of a public building is prohibited.

Designated smoking areas. Designated smoking areas must be located in nonwork areas, with the air vented directly outside. Ventilation must meet applicable OSHA, EPA or state standards.

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