Iowa Smokefree Air Act - No If's, And's or Butts


June 2008 -- Iowa employers and business proprietors should take steps to comply with the state's new Smokefree Air Act, a law banning smoking in the workplace and public places. The law takes effect on July 1 and prohibits smoking in enclosed areas within the workplace, in vehicles owned, leased, or provided by an employer, and in public places such as restaurants, bars and retail locations.

To meet the law's requirements, employers, business owners, business operators, managers, individuals, and governmental entities should do the following:

  • Not permit smoking in an area where it is prohibited;
  • Inform all current and prospective employees (upon application) of the prohibitions;
  • Not retaliate against any current or prospective employee or customer that registers a complaint or takes action pursuant to the ISAA;
  • Post signs at every entrance to the area where smoking is prohibited. The signs shall:
    • Be clear and conspicuous in or at the entrance where posted;
    • Be at least 24 square inches in size and legible; and
    • Contain the words "No Smoking" or the international "no smoking" symbol, the telephone number for reporting complaints (1-888-944-2247), and the website www.IowaSmokefreeAir.gov (signs are available to download at the website);
  • Place no smoking signs in every vehicle where smoking is prohibited, subject to the same specifications as in #4 above; and
  • Remove all ashtrays from areas where smoking is prohibited.

Designated Smoking Areas

Smokers will be able to smoke at designated smoking areas on employer's property. The designated area cannot be inside, but there is no requirement that it be a certain distance away from buildings. The designated area also cannot be enclosed, but may have a roof and sides so long as the sides do not go from floor to ceiling. Neither the legislation nor rules provide guidance as to the size of opening that is required for the structure to not be considered an enclosed area. Window and door openings do not count toward the determination of whether the sides run from floor to ceiling.


Public Place Restrictions

The Act's prohibition on smoking in public places applies to enclosed areas to which the public is invited or in which the public is permitted, including common areas. The law defines enclosed areas as all spaces between a floor and ceiling contained on all sides by solid walls or windows, exclusive of doorways, which extend from the floor to the ceiling. Public places include, but are not limited to, financial institutions, restaurants, bars, public and private educational facilities, and retail locations. Outdoor areas where smoking will be prohibited include, but are not limited to, seating areas at entertainment venues, outdoor serving areas of restaurants, and school grounds.


Exemptions

Several exemptions to the law exist. Private residences and vehicles, private clubs (with no employees and when they are not open to the public), retail tobacco stores (80% or more of revenue from tobacco products), and outdoor places of employment (subject to the prohibitions in the previous paragraph) are not covered by the law. Smoking also is allowed in vehicles owned, leased or provided by a private employer for the sole use of the driver and not used by more than one person in the course of employment either as a driver or passenger.

Enforcement

The Act will be enforced by the Iowa Department of Public Health (IDPH) or its local designee. Anyone may register a complaint with the IDPH. Upon receipt of a complaint, IDPH will gather information to determine its validity. IDPH will then issue a notice of violation to the owner, operator, or person having custody or control of the area if it determines the law was broken. The first and second notices will constitute warnings. For third and subsequent complaints, the IDPH may issue a fine escalating to $500.

The IDPH released draft regulations earlier this month. While the regulations take effect July 1, the public comment and legislative review period extends until August, at which point the rules will become final. These rules are in draft form and subject to review and/or change by the Legislature and IDPH prior to July 1 or after the public comment period. Bradley & Riley PC will monitor the rules for any substantive changes. Should you have additional questions, please do not hesitate to contact us.