Workplace Smoking Rules in Wisconsin

General provisions. Smoking is prohibited in public and private workplaces, except in designated smoking areas.

Employers covered. Employers with one or more employees.

Written policy requirements. Employer policy not specified.

Posting requirements. Signs either prohibiting or permitting smoking must be conspicuously posted.

No smoking areas. Under Wisconsin law, smoking is generally prohibited in many public places, including retail establishments, hospitals and offices. Office is defined as any area that serves as a place of work at which the principal activities consist of professional, clerical or administrative services. This prohibition does not apply to designated smoking areas, offices occupied exclusively by smokers, and rooms used for private functions.

Designated smoking areas. Smoking areas may be designated by posting signs, and, if possible, existing physical barriers and ventilation systems should be used when designating smoking areas.

An entire building may not be designated as a smoking area nor may any smoking areas be designated in busses, hospitals (with the exception of hospitals whose primary purpose is the treatment of mental illness, alcoholism or drug abuse, in which case one or more enclosed rooms with outside ventilation may be designated as smoking areas for the use of adult patients who have the written permission of a physician), physician's offices or on the premises, indoors or outdoors, of a day care center when the children who are receiving day care services are present.

Permitted smoking areas. Smoking is permitted in areas of facilities used mainly for manufacturing or assembly, offices in which the main occupants are smokers, and rooms housing private social functions.