1. (a) No employer shall knowingly or intentionally permit, and no person shall engage in, the smoking of tobacco products in an enclosed space at a place of employment.

2. (b) For purposes of this section, an employer who permits any nonemployee access to his or her place of employment on a regular basis has not acted knowingly or intentionally if he or she has taken the following reasonable steps to prevent smoking by a nonemployee:

   1. (1) Posted clear and prominent signs, as follows:

      1. (A) Where smoking is prohibited throughout the building or structure, a sign stating “No smoking” shall be posted at each entrance to the building or structure.
      2. (B) Where smoking is permitted in designed areas of the building or structure, a sign stating “Smoking is prohibited except in designated areas” shall be posted at each entrance to the building or structure.
   2. (2) Has requested, when appropriate, that a nonemployee who is smoking refrain from smoking in the enclosed workplace. For purposes of this subsection, “reasonable steps” does not include (A) the physical ejection of a nonemployee from the place of employment or (B) any requirement for making a request to a nonemployee to refrain from smoking, under circumstances involving a risk of physical harm to the employer or any employee.

3. (c) For purposes of this section:

   1. (1) “Enclosed space” includes lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of the building and not specifically defined in subdivision (c)(2).
   2. (2) “Place of employment” does not include any of the places listed in Labor Code section 6404.5, subsections (d)(1) through (d)(6), and (d)(9) through (d)(14).
   3. (3) “smoking” has the same meaning as in Business and Professions Code section 22950.5(c).
   4. (4) “tobacco product” means a product or device as defined in Business and Professions Code section 22950.5(d).

Note: Authority cited: Section 142.3, Labor Code. Reference: Sections 142.3 and 6404.5, Labor Code.

History

1. New section filed 10-27-2003 as an emergency; operative 10-27-2003 (Register 2003, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-24-2004 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 81, No. 40.

2. Certificate of Compliance as to 10-27-2003 order, including amendment of subsection (c), transmitted to OAL 2-23-2004 and filed 3-18-2004 (Register 2004, No. 12).

3. Change without regulatory effect amending subsection (c) and adopting subsections (c)(1)-(2) filed 4-20-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 16).

4. Change without regulatory effect adding subsections (c)(3)-(4) filed 6-28-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 27).