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Employment Law
Alert
Michigan Smoking Ban Becomes Effective
In Less Than 2 Weeks
On December 18, 2009 Governor Granholm signed into law a
bill prohibiting smoking in most public places, including places of
employment. Michigan will enforce the smoking ban beginning May
1, 2010.
Does the Ban Apply to All Workplaces?
While there are exemptions for specialty tobacco stores,
casinos, and cigar bars, the majority of Michigan public and private
employers are subject to the new law, which bans smoking in any
"enclosed indoor area" where at least one employee is
performing work for the employer. The new law defines
"smoking" as "burning . . . a lighted cigar,
cigarette, pip or any other matter or substance that contains a
tobacco product." The ban does not appear to apply to
chewing tobacco.
The Michigan Department of Community Health, who is
charged with enforcing the ban, has publically warned employers that,
in its interpretation, the ban precludes employers from allowing
individuals to smoke in a smoking lounge where no work is
performed.
Employers with unionized workplaces must also alert the
unions that the new ban trumps any provisions in their collective
bargaining agreements.
What Can Happen To a Workplace That Doesn't
Comply?
The Michigan Department of Community Health has the
authority to enforce the smoking ban by levying fines and pursuing
compliance either administratively (issuing a citation) or in court
(filing a lawsuit). Individuals may be fined $100 for the first
violation and $500 for a second or subsequent violation.
In addition, any person who visits a public place where
smoking occurs in violation of the law may file a civil suit within
60 days to ask the court to make the violators enforce the ban.
While this does not apply to food service establishments, food
service establishments can be ordered by a local health officer to
cease operations until they comply with the ban.
Employers may also face a civil lawsuit if they
retaliate against employees attempting to enforce the ban in the
workplace.
What Do Workplaces Have to Do to Comply?
To comply with the ban, employers must post no smoking
signs or symbols at the entrances to and in every building where
smoking is prohibited. Employers must also remove all ashtrays and
other smoking paraphernalia from all places where smoking is
prohibited. Employers must ask persons smoking in violation of
the law to refrain from smoking and inform them that they are
violating the law and are subject to penalties This includes
any individual smoking in violation of the law, including employees,
customers, contractors, visitors, and vendors. If necessary,
employers must ask individuals that are smoking in violation of the
law to leave their premises.
Employers are permitted to allow employees to smoke
outside of their building and may construct a separate "smoking
shack" for employees to smoke, so long as it is not enclosed on
all four walls. Of course, employers must also comply with any
local smoking ordinances.
Is There Anything Else Workplaces Should Do to
Prepare for the Ban?
Prior to May 1, employers should update their personnel
policies and handbooks to ensure compliance with the ban.
Employers should also make sure to train supervisors and managers how
to handle employee complaints regarding the ban and not to retaliate
against any employee attempting to enforce the ban.
Beginning on May 1, to defend against lawsuits or
administrative citations, employers should document each time they enforce
the ban in their workplace.
To discuss
more strategies on dealing with the new smoking ban, employers are
encouraged to attend our Free No Smoking Webinar tomorrow morning,
beginning at 8:30 a.m..
To register,
visit:
https://www.123signup.com/servlet/SignUpMember?PG=1522045182300&P=1522045191150687700&Info.
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