1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) “Indoor place of employment” includes, but is not limited to:

      1. (a) An indoor work area;
      2. (b) A vehicle other than a private vehicle as used in Health-General Article, §24-505(1), Annotated Code of Maryland, when an employee uses it in the course of employment;
      3. (c) An employee lounge or restroom;
      4. (d) A conference and meeting room;
      5. (e) A classroom;
      6. (f) A cafeteria operated by an employer for use by its employees;
      7. (g) A hallway;
      8. (h) A restaurant;
      9. (i) A bar or tavern;
      10. (j) A sleeping room in a hotel or motel; and
      11. (k) An assembly, conference, convention, or meeting establishment or enclosed portion of the establishment.

   2. (2) “Private vehicle”, as used in Health-General Article, §24-505(1), Annotated Code of Maryland, means:

      1. (a) An individual's own vehicle being used for nonemployment purposes; or
      2. (b) An individual's own vehicle, when used in the course of employment and occupied by only one individual.
   3. (3) “Smoking” means the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco.

Authority: Labor and Employment Article, §§2-106(b)(4), 5-312, and 5-608(b), Annotated Code of Maryland

Effective date: August 1, 1994 (21:15 Md. R. 1304)

Chapter revised as an emergency provision effective September 17, 2007 (34:21 Md. R. 1910); revised permanently effective February 25, 2008 (35:4 Md. R. 513)

Regulation .01B amended effective February 9, 2009 (36:3 Md. R. 208)

Annotation: On July 22, 1994, judicial action stayed the enforcement of COMAR 09.12.23. H & G Restaurant, Inc., et al. v. William A. Fogle, et al., Case No. CG 2460, Circuit Court for Talbot County. On February 24, 1995, the Court of Appeals vacated the stay. William A. Fogle, et al. v. H & G Restaurant, Inc., et al., Case No. 69, September Term. At the time this supplement went to press, subject to additional legislative or judicial action, these regulations are scheduled to take effect on March 28, 1995.