N.M. Code R. § 1.5.17.10 – Implementation and Enforcement of Rules

A. The agency heads shall arrange seating in work areas and non-work areas to provide smoke-free areas, in compliance with the requirements of this regulation.
B. Agency heads shall:
(1) ask smokers to refrain from smoking on request of a client, employee or any other person asserting he is suffering from discomfort from the smoke;
(2) affirmatively direct smokers to smoking-permitted areas; and
(3) use existing physical barriers and ventilation systems to minimize the toxic effect of transient smoke in adjacent smoking areas.
C. Any agency employee failing to comply with this regulation may be disciplined by the agency head to the extent permitted by state personnel board rules and regulations.
D. Any person who is not a state employee may be asked to leave the building if he will not comply with a request to stop smoking in a non-smoking area.
[7/10/86; Recompiled 11/30/01]