§ 25-56. Regulation of smoking in places of employment.

(a)

Within ninety (90) days of the effective date of this article, each employer in each place of employment within the city shall adopt, implement and maintain a written smoking policy containing at a minimum the following provisions and requirements:

(1)

Prohibition of smoking in employer conference and meeting rooms, classrooms, auditoriums, restrooms, waiting areas, medical facilities, hallways, stairways and elevators.

(2)

Provision and maintenance of a separate nonsmoking area of not less than one-half of the seating capacity and floor space in cafeterias, lunchrooms and employee lounges.

(b)

Any employee may object to his or her employer about smoke in his or her work area. The policy required by the preceding subsection shall include a definition of work area. Using already available means of ventilation, separation or partition of office space, the employer shall attempt to reach a reasonable accommodation of the preference of both smoking and nonsmoking employees. An employer is not required by this provision, however, to make any expenditures or structural changes to the place of employment.

(c)

If no reasonable accommodation satisfactory to all affected nonsmoking employees can be reached in a given work area, the preference of the nonsmoking employee shall prevail and the employer shall prohibit smoking in that work area. Where the employer prohibits smoking in a work area, it shall clearly mark that area with appropriate "no smoking" signs and, upon request, shall provide signs to employees for use in designating their areas.

(d)

The employer shall announce its policies regarding smoking as required by this section within ninety (90) days from the effective date of this article. The policies shall be announced to all the employer's employees in the city and the employer shall post its written policies conspicuously in any place of employment under the employer's jurisdiction in the city.

(e)

Nothing in this article shall be construed to prevent or limit an employer's right to designate any place of employment, or a portion thereof, as a nonsmoking area.

(f)

No employee shall be terminated or subject to disciplinary action solely as a result of his or her complaint about smoking or nonsmoking in his or her place of employment.

(Ord. No. 1483, § 1, 3-10-87)

Editor's note

This article became effective on April 10, 1987.