Workplace Smoking Rules in Rhode Island

General provisions. The smoking law in Rhode Island is designed to protect the health and atmospheric environment of the nonsmoker by regulating smoking in the workplace.

Effective March 1, 2005, smoking is prohibited in all enclosed public places as well as in all enclosed facilities within places of employment.

Employers covered. The smoking in the workplace law is applicable to employers of more than 30 employees.

Written policy requirements. The employer must have a written policy that, at a minimum, protects the health and atmospheric environment of the nonsmoker, ensures a comfortable environment for all employees and provides an opportunity for nonsmoking employees to object to the smoke hazard or discomfort in their workplace.

Posting requirements. If an employer decides to allow smoking in the workplace, the employer must designate all nonsmoking areas conspicuously with signs.

No smoking areas. Smoking is prohibited in the following places used by or open to the public: elevators, indoor movie theaters, libraries, art galleries, museums, concert halls, auditoriums, buses, school buildings, colleges, universities (including dormitories), public hallways in court buildings, hallways of elderly housing complexes, supermarkets, medical offices and hospitals. No-smoking signs and warnings must be conspicuously posted in these nonsmoking places.

Effective May 13, 2005, the nonsmoking workplace exemptions for Class C and D liquor license holders are removed.

Rhode Island prohibits smoking in eating facilities with a seating capacity of 50 or more to some extent. Separate seating must be provided for nonsmokers and smokers in such facilities. For purposes of the Rhode Island law, an eating facility includes any building, structure, room or area maintained as or held out to the public as an enclosure where meals are served for consideration of payment. The proprietor or person in charge of an eating facility must post signs as follows: (1) at the entry, stating that the establishment is required by law to have a no-smoking section and (2) in the no-smoking sections, to identify the area as such.

Designated smoking areas. An employer may prohibit smoking in the workplace. If the employer decides to allow smoking in the workplace, the law requires that the employer make reasonable accommodation for the preferences of both nonsmoking and smoking employees (particularly those employees with a sensitivity to tobacco smoke) and designate all nonsmoking areas conspicuously with signs. In addition, employers are not allowed to terminate an employee without due cause nor discriminate against an employee solely because the employee exercises the rights provided by the workplace smoking law.

Using existing means of ventilation, separation or partition of the work space, the employer must attempt to reach a reasonable accommodation designed to protect the health and atmospheric environment of nonsmoking employees and to ensure the comfort of all employees. If a reasonable accommodation cannot be made using existing means, the employer may either completely prohibit smoking in those areas of the workplace where nonsmoking employees may reasonably be expected to be adversely affected by passive cigarette smoke or make changes needed to protect the health and atmospheric environment of nonsmoking employees.

Permitted smoking areas. Smoking is not regulated in private homes that serve as workplaces, in office space leased by a sole independent contractor for that person's own use or in a private enclosed workplace occupied exclusively by smokers, even though the workplace is visited by nonsmokers, except where prohibited by fire marshal, law, ordinance or regulation.