Workplace Smoking Rules in District of Columbia

General provisions. Effective April 3, 2006, the smokefree workplace law generally applies to all places of employment and public places.

Before January 1, 2007, the smoking prohibition does not apply to a brew pub, club, nightclub, or tavern, or the bar and bar area of a restaurant. Places subject to this exception are required to post signs as required by District of Columbia law. This exception to the smoking prohibition expires on January 1, 2007.

Employers covered. Employers with one or more employees.

The Mayor may grant an economic hardship waiver from the requirements of the smokefree workplace law provided that prior to the granting of the waiver, the applicant establishes, to the satisfaction of the Mayor, that compliance with the law has caused or will cause undue financial hardship. Places where smoking is permitted due to an economic hardship waiver must:

  1. Have been in existence on or before January 1, 2007;
  2. Not allow smoking in an area that exceeds 25 percent of the total area if the place is a restaurant; and
  3. Be subject to conditions or restrictions as may be necessary to minimize the adverse effects of smoking and be consistent with the general purpose of the smokefree workplace law.

Permitted smoking areas. The following places are exempt from the smokefree workplace law:

  1. A retail store that is used primarily for the sale of tobacco products and accessories in which the total annual revenue generated by the sale of non-tobacco products or accessories is no greater than 25 percent of the total revenue of the establishment and provided that it does not share space with any other establishment;
  2. A tobacco bar;
  3. An outdoor area of a restaurant, tavern, club, brew pub, or nightclub;
  4. A hotel room or motel room rented to one or more guests;
  5. A medical treatment, research, or nonprofit institution where the activity of smoking is conducted for the purpose of medical research or is an integral part of a smoking cessation program; and
  6. Theatrical productions.

Places that permit smoking pursuant to the smokefree workplace law can not require employees to work in smoking areas provided that an employee requests to work solely in nonsmoking areas. Employees may have a private cause of action against the owner, manager, or person in charge of the place of employment or public place for violating this rule.

 Close