§ 4-10-511. Regulation of smoking in the office workplace.

A.

Within 90 days of having first engaged the services of an employee, all employers shall adopt, implement and maintain a written smoking policy which shall contain, at a minimum, the following:

1.

Prohibition of smoking in employer conference and meeting rooms, while being used for conferences and meetings, classrooms, auditoriums, restrooms, medical facilities, hallways and elevators.

2.

Provision and maintenance of a contiguous no-smoking area of not less than the seating capacity and floor space in cafeterias, lunchrooms and employee lounges with a seating capacity of 40 or more people. Smoking shall be prohibited in cafeterias, lunchrooms and employee lounges having a seating capacity of less than 40.

3.

Any employee in the office workplace shall be given the right to designate his or her immediate work area as a nonsmoking area and to post it with appropriate sign or signs. The policy adopted by the employer shall include a definition of the term "immediate work area" which gives preferential consideration to nonsmokers.

B.

In any dispute arising under the smoking policy, the rights of the nonsmoker shall be given precedence.

C.

Signs shall be posted in accordance with Section 4-10-514.

D.

The smoking policy shall be communicated to all employees within three weeks of its adoption.

E.

Notwithstanding the provisions of Subsection A of this section, every employer shall have the right to designate any office workplace as a nonsmoking area.

F.

This section is not intended to regulate smoking in the following places and under the following conditions:

1.

A private home which may serve as an office workplace;

2.

Any property owned or leased by other governmental agencies;

3.

A private enclosed office workplace occupied exclusively by smokers, even though such an office workplace may be visited by nonsmokers, excepting places in which smoking is prohibited by the fire marshal, or by other law, ordinance or regulation.

G.

An employer may submit the proposed smoking policy to the City for review as to compliance with the provisions of this section. An employer shall be deemed to be in compliance with the provisions of this section during such period of time that an ordinance is under review by the City, and if the employer adopts any recommended revisions to the policy made to the employer by the City as a result of that review. If an employer disagrees with the City's interpretation that a smoking policy is not in compliance with the provisions of this section, the employer may request a hearing on the issue of compliance by filing a written request therefor with the Director of Public Safety. The Director of Public Safety shall conduct a hearing on the issue of compliance of the smoking policy with the provisions of this section within 30 days following receipt of the notice of a request for hearing as set forth above. The hearing shall be conducted by the Director of Public Safety or his or her designee, and the decision of the Director of Public Safety or the Director's designee shall be final. The employer shall have 30 days after the decision of the Director within which to revise the employer's smoking policy to conform to the Director's determination.

H.

Employers subject to the provisions of Section 4-10-510 shall not be subject to the provisions of this section.

(Code 1976, § IV.I-509.1; Ord. No. 86-6, § 2, 3-11-86)