1. (a) Except as provided in § 24-505 of the Health--General Article, an individual may not smoke in an indoor place of employment.

2. (b)

   1. (1) The Department shall adopt regulations that prohibit environmental smoke, as defined in § 24-501 of the Health--General Article, in indoor places of employment not normally open to the general public.

   2. (2) Subject to subsection (c) of this section, a person who violates a regulation adopted under this subtitle:

      1. (i) for a first violation, shall be issued a written reprimand by the Commissioner or the Commissioner's designee;
      2. (ii) for a second violation, is subject to a civil penalty of $100; and
      3. (iii) for each subsequent violation, is subject to a civil penalty not less than $250.

3. (c) The Commissioner may waive a penalty established under subsection (b) of this section, giving consideration to factors that include:

   1. (1) the seriousness of the violation; and
   2. (2) any demonstrated good faith measures to comply with the provisions of this subtitle.
4. (d) A penalty collected by the Commissioner under this section shall be paid to the Cigarette Restitution Fund established under § 7-317 of the State Finance and Procurement Article.
5. (e) An employer who discharges or discriminates against an employee because that employee has made a complaint under this section, has given information to the Department in accordance with this section, has caused to be instituted or is about to cause to be instituted a proceeding under this section, or has testified or is about to testify in a proceeding, shall be deemed in violation of this section and shall be subject to a civil penalty of at least $2,000 but not more than $10,000 for each violation.

6. (f)

   1. (1) An employee may not:

      1. (i) make a groundless or malicious complaint to the Commissioner or an authorized representative of the Commissioner;
      2. (ii) in bad faith, bring an action under this subtitle; or
      3. (iii) in bad faith, testify in an action under this subtitle or a proceeding that relates to the subject of this subtitle.
   2. (2) The Commissioner may bring an action for injunctive relief and damages against a person who violates the provisions of paragraph (1) of this subsection.

Added by Acts 2007, c. 501, § 1, eff. Oct. 1, 2007; Acts 2007, c. 502, § 1, eff. Oct. 1, 2007. Amended by Acts 2015, c. 58, § 1, eff. June 1, 2015; Acts 2024, c. 754, § 1, eff. July 1, 2024; Acts 2024, c. 755, § 1, eff. July 1, 2024.