‘NO’ TO SMOKING : An Employer’s Guide to Navigating the New Law

‘NO’ TO SMOKING: An Employer’s Guide to Navigating the New Law Presented By: Rebecca S. Davies Tim P. Burkhard 32300 Northwestern Hwy, Ste 230 Farmington Hills, MI 48334 248.539.9900 rdavies@fosterswift.com tburkhard@fosterswift.com

Basics of the Law: Effective May 1, 2010, smoking will be banned in all public places, food services establishments, and lodging facilities.

Does the Smoking Ban Apply to My Company or Business? • 3 Part Definition of a “Public Place”: 1. Enclosed, indoor area used by the general public and owned/operated by a state or local governmental agency; 2. Enclosed, indoor area used by the general public and not owned/operated by a state or local governmental agency; or 3. Place of Employment.

Does the Smoking Ban Apply to My Company or Business? Part 1: Owned/Operated by State or Local Governmental Agency defined: (1) an enclosed, (2) indoor area (3) owned or operated by a state or local governmental agency; and (4) used by the general public or serving as a meeting place for a public body.

Does the Smoking Ban Apply to My Company or Business? Part 1: Examples of Owned/Operated by State or Local Governmental Agency: • office, • educational facility, • home for the aged, • nursing home, • county medical care facility, • hospice, • hospital long-term care unit, • auditorium, • arena, • meeting room, or • public conveyance.

Does the Smoking Ban Apply to My Company or Business? Part 2: Not Owned/Operated by State or Local Governmental Agency defined: (1) An enclosed, (2) indoor area (3) that is not owned or operated by a state or local governmental agency, (4) is used by the general public, and (5) is an educational facility, a home for the aged, nursing home, county medical care facility, hospice, or hospital long-term care unit, an auditorium, an arena, a theater, a museum, a concert hall, or any other facility during the period of its use for a performance or exhibit of the arts.

Does the Smoking Ban Apply to My Company or Business? • Part 3: “Place of Employment”: • an enclosed area • that contains 1 or more work areas • For 1 or more persons • Employed by a public or private employer.

Does the Smoking Ban Apply to My Company or Business? “Place of Employment” does not include: • Home Office; • Food Service Establishment; or • Motor Vehicle.

Food Service Establishments • A food service establishment is any place with a license to serve food and beverages • Smoking is not allowed in any indoor area as well as outdoor areas such as patios or rooftops where patrons are intended to receive service or consume food, beverages, or both. • Smoking may be allowed in outdoor areas where food, beverages, or both are not intended to be served or consumed.

Lodging Facilities Smoking ban also applies to: • hotel; • motel; or • other lodging facility.

How the Law Affects Employers: The new law prohibits smoking anywhere in an employer’s enclosed facilities, including private rooms or offices occupied exclusively by a smoker.

Employer’s Obligations: • Have clearly posted “no smoking” signs (or the internationally recognized “no smoking symbol”) at the entrances to and in every building or work area covered by the smoking ban.

http://www.michigan.gov/documents/mdch/SmokeFree_Building_Decal_316613_7.pdfhttp://www.michigan.gov/documents/mdch/SmokeFree_Building_Decal_316613_7.pdf

Employer’s Obligations (continued): • Remove all ash trays and other smoking paraphernalia from any work area covered by the smoking ban. • Inform any employee or other individual who is smoking in violation of the law that he or she is violating state law and is subject to penalties for doing so. • If applicable, refuse to serve an individual smoking in violation of the law. 5. Ask an individual smoking in violation of this act to refrain from smoking and, if the individual continues to smoke in violation of this act, ask him or her to leave.

Places which are Exempt • Cigar bars • Only cigars may be smoked • Food can still be served • Tobacco specialty retail stores • The gaming floors of casinos

Penalties for Violating the Smoking Ban: • Penalties for individual offenders: • A fine of up to $100 fine for the first violation and fines of up to $500 for any subsequent violations. • If an establishment is allowing smoking: • The local health department can be asked to investigate • If smoking persists, the health department can take further administrative action that could lead to fines, fees and shut down of that establishment

Questions?

Contact Information • Rebecca Davies rdavies@fosterswift.com 248.539.9904 • Tim Burkhard tburkhard@fosterswift.com 248.785.4729

‘NO’ TO SMOKING : An Employer’s Guide to Navigating the New Law