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Lawrence Public and Workplace Smoking Restriction FAQ

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WHY? WHAT? WHEN? HOW?
Public Health Smoke-Free Workplace Effective July 1, 2004 Employer Policy and Signs

WHY?

Eliminating smoking in public places and places of employment improves and protects the public's health, guarantees the right of nonsmokers to breathe smoke-free air and recognizes that the need to breathe smoke-free air has priority over the choice to smoke.


WHAT?

  • Employers are required to provide a smoke-free workplace for all employees.
  • Smoking is prohibited in all enclosed places of employment within the City Lawrence.

WHERE?

WHERE IS SMOKING REGULATED?

Smoking is prohibited in all enclosed public places.

  • Enclosed area: all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (except for doors or passage ways).
  • Place of Employment: any area that employees normally frequent during the course of employment. This includes, but is not limited to: common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, company-owned vehicles, employee lounges, stairs, restrooms, and all other enclosed facilities.

WHERE SMOKING IS NOT REGULATED?

  • Private residences, except when used as a childcare, adult day care or health care facility.
  • Personal motor vehicles.
  • Hotel and motel rooms, no more than twenty-five percent (25%) of rooms.
  • Retail tobacco stores.
  • Rooms being used for private functions except while contracted food or beverage service functions are taking place (including set-up, service and clean-up activities or when the room is used for exhibit activities).
  • Outdoor places of employment unless an entire establishment is designated by the owner as non-smoking.

WHEN?

The ordinance takes effect July 1, 2004.


HOW?

  • In a building where smoking is prohibited, an owner must clearly post a "No Smoking" sign using either bold lettering at least one inch in height or the international "No Smoking" symbol.

    • International No Smoking Symbol

  • Employers must adopt, implement, make known and maintain a written smoking policy, containing the following:
    • Smoking is prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.
  • Employers must communicate the smoking policy to all employees.
  • Employers must supply a written copy of the smoking policy to any existing or prospective employee if requested.

FINES

It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under the Article to fail to comply with all of its provisions. Any person who violates any provision of this Article shall be guilty of a misdemeanor, punishable by:

  • A fine not exceeding One Hundred Dollars ($100.00) for the first violation.
  • A fine not exceeding Two Hundred Dollars ($200.00) for a second violation within a one (1) year period of the first violation.
  • A fine not exceeding Five Hundred Dollars ($500.00) for an additional violation within a one (1) year period of the first violation.