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OHIO SMOKE FREE WORKPLACE RULES
I attended a seminar called “Your Business is at Risk - Ohio’s New Smoke Free Law” sponsored by the law firm of Dunlevey, Mahan & Furry. The law goes into affect this Thursday, December 7th. This is a very prestige’s law firm specializing in employment law, OSHA and Workers Comp. They have about 60 attorneys on staff. Although the official regulations will not be published until June, these people know what they’re talking about.
According to Robert T. Dunlevey, managing partner, prohibitions are:
1. No proprietor of a public place or place of employment shall permit smoking in the public place or place of employment or in areas directly or immediately adjacent to location of ingress or egress (entrances or exits).
2. Permitting smoke to enter through entrances, ventilation systems etc.
3. Refusing to quit when ordered by proprietor or any employee
Gone are:
1. Smoking rooms
2. Designated smoking areas in facilities
3. Parking garage smoking
4. Company vehicle smoking
5. Restaurant/Bar smoking
6. Apartment/Condo common areas
7. Ashtrays/receptacles (including outside entrances and vehicles)
As a note non religious incense burning is OK
Unregulated areas are:
1. Outdoor patios if at least two sides are open and it is physically separated from main building
2. Family business if owned exclusively by family members, and has no public enclosed space and is a freestanding structure, solely occupied.
3. Private Clubs (501(3c)) with no employees, volunteers or private contractors, No guests or children in building. They must also not have a D4 alcohol license, or any smoke infiltration and be solely occupied and free standing.
4. Retail Tobacco stores with 80% of there gross from tobacco products
5. Nursing Homes may have designated areas separately enclosed and ventilated for residents. Employees do not have to perform any services in these areas.
6. Residences. Hotels may designate up to 20% of their rooms as smoking permitted.
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