Vermont's 'Smoking in the Workplace' Law
- What does the 'Smoking in the Workplace' law require?
- What are the employee rights specified in the law?
- Can an employer prohibit smoking throughout the entire workplace?
- Can a private office be designated as a smoking area?
- Can smoking be allowed in rest rooms?
- Can an employer designate an outdoor smoking area?
- What does the law say about schools?
- Where can I get more information and a poster?
What does the 'Smoking in the Workplace' law require?
- The law requires certain actions by every employer who operates a "workplace."
- "Workplace" means an enclosed structure where employees perform services for an employer or, in the case of an employer who assigns employees to departments, divisions or similar organizational units, the enclosed portion of a structure where the unit to which the employee is assigned is located. "Workplace" does not include any portion of a structure that also serves as the employee's or employer's personal residence. Except for schools, "workplace" does not include areas commonly open to the public (but note that another law restricts smoking in most public places and a third law bans the use of tobacco products on public school grounds).
- The requirements outlined in this document do not apply to employers who do not operate workplaces. This law also does not address smoking that takes place outdoors or in motor vehicles (but note that another law restricts smoking in most public places including buses, taxis, trains.
- Every employer must have a smoking policy that prohibits smoking throughout the entire workplace or else restricts smoking either to designated enclosed "smoking areas" or, under certain circumstances, to "designated unenclosed smoking areas."
- "Smoking area" means an area that nonsmoking employees are not required to visit on a regular basis, where smoking is permitted pursuant to the employer's smoking policy. Up to 30 percent of an employee cafeteria or lounge area may be designated as a "smoking area."
- The Vermont Department of Health has interpreted the law as requiring that the designated smoking area be vented in a manner that prevents smoke from entering the general workplace. That is, in order to restrict tobacco smoke from easily migrating into nonsmoking areas, the designated smoking area needs to be mechanically vented directly to the exterior of the building. Tabletop filters and "smoke-eaters" do not take care of all pollutants generated by tobacco smoke, and are not a satisfactory substitute for a mechanical ventilation system.
- An employer may establish a smoking policy that permits smoking in "designated unenclosed smoking areas" if the layout of the workplace is such that smoking will not be a physical irritation to any nonsmoking employee in the workplace and three-fourths of the employees in the workplace agree.
- Examples of large indoor areas that might qualify for "designated unenclosed smoking areas" include an open manufacturing area of a factory, the shop floor of an assembly plant, the storage area of a warehouse and the open work area of a granite shed.
- Although the law permits smoking in "designated unenclosed smoking areas," the Vermont Department of Health does not recommend or encourage employers to allow this practice. Even if physical irritation among employees is not in evidence, or not complained about, there could still be exposure to second-hand smoke in such a situation.
- The law recognizes the role of collective bargaining in setting smoking policies, stating that the required policy shall be established by the employer, or shall be negotiated "through the collective bargaining process."
- Employers who have at least 10 employees who work more than 15 hours a week must post their policy where all employees can see it.
- Every employer also must display a workplace smoking poster at the place of employment, where all employees can see it. The workplace smoking poster contains a summary of the law and is available from the Vermont Department of Health at the address below.
- Every employer must be responsible for carrying out the provisions of the smoking policy.
What are the employee rights specified in the law?
- An employee may file a complaint with the Vermont Department of Health if an employer fails to develop, implement, or enforce a smoking policy. The Health Commissioner may impose administrative fines when appropriate.
- The law prohibits an employer from discharging, disciplining or otherwise discriminating against an employee because that employee assisted in the supervision or enforcement of these workplace smoking requirements.
- Any employee who believes that he or she has been discharged or otherwise discriminated against may file a complaint with the Health Commissioner within 30 days after such violation occurs. Upon investigation, the Commissioner may seek court action against the employer and the court may determine appropriate remedies such as restraining orders, reinstatement and back pay.
Can a smoking policy ban smoking throughout the entire workplace?
Yes. This is allowed by the law.
Can a private office be designated as a smoking area?
Yes, if all other requirements are met. The law does not specifically address smoking in private offices. The following considerations should be taken into account:
- Do nonsmokers make use of this office? Since the law says that no smoking may be allowed in an area that nonsmoking employees are required to visit on a regular basis, a private office that nonsmokers regularly visit is not a suitable area. For example, are meetings held in this office with other staff members, or are secretaries required to visit this office?
- Is the private office well ventilated? If a common work area is adjacent to a private office where smoking is permitted, and the smoke in that office is not vented directly out of the building, smoke will likely enter the common area. Any enclosed private office where smoking is allowed must be well ventilated.
Can smoking be allowed in rest rooms?
Yes, if all other requirements are met. A designated smoking area cannot be one that nonsmokers need to visit during their workday. If an employer provides separate yet equally accessible rest room facilities for smokers and nonsmokers, then a rest room can be designated as a smoking area. Such a room must be vented directly to the outside of the building so that smoke does not easily migrate into common areas.
Can an employer designate an outdoor smoking area?
Yes. The law does not restrict smoking outdoors, and does not specifically address whether the employer should or should not allow smoking to occur within a certain distance of a workplace. However, the employer should not allow outdoor smoking near doorways, windows and building air supply intakes, through which tobacco smoke may readily enter the building, depending upon air pressure and wind conditions.
What does the law say about schools?
Because Vermont enacted a subsequent law that bans all tobacco use on public school grounds, the portions of this law that apply to schools are relevant only to private schools. The more recent law regarding public schools supercedes this earlier law.
The requirements that apply to any workplace under this law apply as well to schools, except that
- For schools, "workplace" includes any enclosed location at which instruction or other school-sponsored functions are occurring and students are present.
- For purposes of determining smoking policy for those schools that have school boards, the law defines the "employer" as being the school board.
Where can I get more information and a poster?
Vermont Department of Health
Division of Health Protection
108 Cherry Street - P.O. Box 70
Burlington, VT 05402-0070
802-863-7220
Toll-free From Within Vermont:
800-439-8550