Workplace Smoking Rules in Colorado

General provisions. Effective July 1, 2006, the Colorado Clean Indoor Air Act prohibits smoking in indoor enclosed areas.

Smoking is not permitted and no person may smoke in any indoor area including any place of employment that is not specifically exempted. Employers who own facilities exempted from the Act shall provide a smoke-free work area for each employee requesting not to have to breathe environmental tobacco smoke. Every employee shall have a right to work in an area free of environmental tobacco smoke.

Employers covered. Employers with one or more employees.

Written policy requirements. Employer policy not specified.

Posting requirements. The owner or manager of a place, including places exempt from the Act, may post signs prohibiting smoking or providing smoking or nonsmoking areas. Such posting will have the effect of including such a place, or the designated nonsmoking part of the place, in the places where smoking is prohibited or restricted pursuant to the Colorado Clean Indoor Air Act.

If the owner or manager of a place, including places exempt from the Act, is an employer and receives a request from an employee to create a smoke-free work area, the owner or manager shall post a sign or signs in the smoke-free work area.

Exceptions to the Colorado Clean Indoor Air Act. The Act does not apply to:

1. private homes, private residences, and private automobiles, except if being used for child care or day care or if a private vehicle is being used for the public transportation of children or as part of health care or day care transportation;
2. limousines under private hire;
3. a hotel or motel room rented to one or more guests if the total percentage of such rooms does not exceed 25 percent;
4. any retail tobacco business;
5. a cigar-tobacco bar;
6. an airport smoking concession;
7. the outdoor area of any business;
8. a place of employment that is not open to the public and that is under the control of an employer that employs three or fewer employees;
9. a private, nonresidential building on a farm or ranch that has annual gross income of less than $500,000; or
10. the retail floor plan of a licensed casino.

A cigar-tobacco bar shall not expand its size or change its location from the size and location in which it existed as of December 31, 2005. A cigar-tobacco bar shall display a sign in at least one conspicuous place and the sign must be at least four inches by six inches in size stating: "Smoking allowed. Children under eighteen years of age must be accompanied by a parent or guardian."