Workplace Smoking Rules in Virginia

Employers covered. Employers with one or more employees.

Written policy requirements. Employer policy not specified.

Posting requirements. Persons in charge of a space subject to this law shall post signs conspicuous to public view stating "Smoking Permitted" or "No Smoking," and in restaurants, signs conspicuous to ordinary public view at or near each public entrance stating "No-Smoking Section Available."

No smoking areas. Smoking is prohibited in public elevators, in public school buses, in common areas in the interior of any public elementary, intermediate or secondary school (however, smoking may be allowed by a local school division in a designated area that is not a common area, including a classroom, library, hallway, restroom, cafeteria, gymnasium or auditorium after regular school hours so long as all student activities in the building have been concluded), in hospital emergency rooms, in local and district health departments, in polling rooms, in indoor service and cashier lines, in the interior of a child day care center that is not also used for residential purposes (in any area of the building utilized by the child day care center), in public restrooms in any building owned or leased by the state and in public restrooms of health care facilities.

Designated smoking areas. In Virginia, a private employer has the sole authority for designating smoking and nonsmoking areas within its place of business, unless such designation is the subject of a collective bargaining agreement. This law covers institutions of higher education and hospitals.

The Commonwealth, its agencies and political subdivisions shall provide reasonable no-smoking areas (reasonable in view of the size and nature of the building) in any building they own or lease.

Restaurants having a seating capacity of 50 or more persons must have a designated no-smoking area sufficient to meet customer demand.

The person in charge of an educational facility, except any public elementary, intermediate or secondary school, health care facility or a retail establishment of 15,000 square feet or more serving the public, including, but not limited to, department stores, grocery stores, drug stores, shoe stores and recreational facilities (any enclosed, indoor area used by the general public and used as a stadium, arena, skating rink, video game facility or senior citizen recreational facility) must designate a reasonable no-smoking area (reasonable considering the nature of the use and the size of the building).

Permitted smoking areas. Smoking is permitted in tobacco stores, warehouses or manufacturing facilities; bars and lounge areas; otherwise covered rooms being used for private functions; office or work area not entered into by the general public in the normal course of business; areas of enclosed shopping centers that are external to their retail stores and that are used primarily as walkways; and lobby areas of hotels, motels and other places that are open to the public for overnight accommodation.