Posted on 12/06/2006 6:43:35 PM PST by GOP_Lady
On November 7, 2006, Ohio voters approved State Issue 5, The Smoke Free Workplace Act. This Act will impact virtually all businesses and employers in Ohio starting on December 7, 2006, the date the Act goes into effect, by generally prohibiting smoking in enclosed public areas and places of employment.
Specifically, the Act prohibits a proprietor of a public place or an employer from permitting smoking in a public place or the workplace, or in the areas directly or indirectly under the control of the proprietor or employer “immediately adjacent” to entrances or exits. The proprietor or employer must further ensure that tobacco smoke does not enter any area in which smoking is prohibited through entrances, windows, ventilation systems or any means. Smoking is prohibited in these places at all times, even when not open to the public or employees.
Terms are defined broadly by the Act:
• A public place is an enclosed area to which the public is invited or in which the public is permitted, that is not a private residence.
• A place of employment is an enclosed area under the direct or indirect control of an employer that the employer’s employees use for work or any other purpose.
• An employer is the state or any individual, business, association, political subdivision, or other public or private entity, including a nonprofit entity, that employs or contracts for or accepts the provision of services from one or more employees.
• An employee is a person who is employed by an employer, or who contracts with an employer or third person to perform services for an employer, or who otherwise performs services for an employer with or without compensation.
• Finally, a proprietor is an employer, owner, manager, operator, liquor permit holder, or person in charge or control of a public place or place of employment.
Additional duties placed on proprietors and employers include the posting of “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette in a red circle with a red bar across it). Signs must be posted in every public place and place of employment and must be of sufficient size to be clearly legible throughout the areas they are intended to mark. On its face, this apparently means every room in a public place or place of employment. All signs must contain a telephone number for reporting violations. Unfortunately, the toll-free numbers have not yet been established and are unlikely to be available by the time the statute takes effect. It would seem prudent not to order permanent notices until the Ohio Department of Health establishes regulations implementing the particulars of the Act.
Additionally, proprietors and employers must remove all ashtrays and other receptacles used for disposing of smoking material in areas where smoking is prohibited. Since entrances and exits are restricted areas, read literally, this would mean that receptacles could not be placed there. Hopefully, the Department of Health will modify this illogical result.
There are few exemptions to the Act’s smoke ban. Smoking will continue to be allowed in private residences; hotel rooms; family-owned businesses not open to the public, in which all employees are related to the owner; certain areas in nursing homes; retail tobacco stores; outdoor patios that are physically separated from an enclosed area; and private clubs that have no employees.
The only real alternative for proprietors and employers who wish to provide a smoking option is the outdoor patio, which is defined as an outdoor area, physically separated from any prohibited area, so as to prevent the migration of smoke into a prohibited area. The outdoor patio may have a roof and walls on two sides. It must not be “immediately adjacent” to “locations of ingress or egress.” Fines will vary depending on the severity of the violation and recidivism of the violator, ranging from $100 to $2,500 per day, doubled for willful violations. Individual persons, as well as businesses, would be subject to these fines. Smokers themselves could be fined up to $100, if they smoke in prohibited areas. Further, lack of intent to violate the Act will not constitute a defense to a violation. In addition, a person or employer is prohibited from firing, refusing to hire, or retaliating against any person for reporting violations or performing any obligations under the Act.
The Ohio Department of Health is charged with enforcement of the law and must promulgate rules for the implementation and enforcement of the law within six months. Hopefully, the Department of Health will address the issues left unresolved. Unfortunately, this leaves proprietors and employers in the dark on many specifics of their obligations for the first five months that the Act is in effect. On the other hand, it is unlikely that fines will be issued until the Department of Health promulgates rules for enforcement. As rules are promulgated, they will be posted on the Ohio Department of Health website: http://www.odh.state.oh.us/.
ping
You can't even smoke in my building's underground parking garage to keep out of the weather. Hell, it's the car exhaust fumes that will choke you.
Hell, I wouldn't even treat an animal like this -- having them stand out in the bad weather. Where's a shelter for the smokers?
I don't think the law can be enforced without the penalties and enforcement being clearly spelled out.
So far as I know, the state hasn't actually certified anyone to act as an enforcement arm anywhere in the State and the actual penalties haven't been determined either.
To the best of my knowledge, you can't be cited by someone with no legal authority to do so and you can't be told that your penalty will be determined at a later date.
The infamous sign:
http://www.odh.ohio.gov/ASSETS/50F0940288AA4C57A44965B6543027FC/NoSmokingColor.pdf
The anti smokers are going way to far in an effort to force us to conform to their agenda, as long as we are 25% of the population, they will force their will on us.
Smoke Free Workplace was misleading... This will be a small business killer, especially since they only had 30 days to implement. Here in Cincinnati, it will only drive business across the river to Kentucky.
My boss said that the smokers did this to themselves. LOL. Even though most business are non-smoking.
Ohio smokers shouldn't purchase tobacco products in Ohio then. Starve the state of cigarette tax revenue. Ohio is situated where it's a 2 hour drive to the nearest state from within Ohio anyway.
That's big of them.
I'm 45 minutes from the PA border.
The jugheads in Arizona voted in an EIGHTY CENTS PER PACK tax that takes effect on December 8th. Seems they need billions of dollars to teach Arizona "mothers" how to breast feed their offspring. There is something unconstitutional about targeting a specific segment of the population to subsidize a Liberal social program. But hey! The jughead "voters" in this state have started a new trend and they feel really good about themselves at the same time. I wonder which group they'll be throwing a tax on next. Hmmmmmmm.
I call it cowardness.
Just when the hell did the people of Ohio get thrown out of America?
Hell, they even voted out Senator DeWine and voted in Sherrod Brown!
It's my permanent tag line until Matt's fate becomes known. You are welcome to it.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.