With the signing of the “Arkansas Clean Indoor Air Act of 2006” by Governor Huckabee on April 17, 2006, Arkansas now joins a growing list of states passing a no smoking law. More information about some of the other state laws at the end of this memo, but for now, we will focus on the new no smoking law in Arkansas. Whether you are a business owner in Arkansas or a company that has a facility in Arkansas, this memo will provide you with important information about your obligations under this new law.
Who Will It Affect?
Just about everyone! The new no smoking law prohibits smoking in any “enclosed space”, which is defined as “all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, that extend from the floor to the ceiling.”
So, in other words, the no smoking law prohibis smoking inside, except for a few exemptions, some of which are listed below. Outdoor smoking areas are not affected by this new no smoking law.
- Hotels may offer 20% of their rooms as smoking rooms.
- A business with fewer than three employees that is not open to the public is exempt.
- Only eating or drinking establishments that are willing to ban all customers under the age of 21 at all times may allow smoking.
Employer Obligations:
1. Communication to Employees. The prohibitions of the new no smoking law shall be communicated to:
• all current employees by their employer within thirty (30) days of the effective date of this act (July 22, 2006), and
• each prospective employee upon application for employment.
2. Notice of new no smoking law.
(a) Employer may put up “No Smoking” Signs. No Smoking” signs or the international “No Smoking” symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it may be clearly and conspicuously posted by the owner, operator, manager, or other person in control in every public place and place of employment where smoking is prohibited.
(b) Employer shall Remove All Ashtrays from Area. The owner, operator, manager, or other person in control of any area where smoking is prohibited shall remove all ashtrays from the area, unless an ashtray is permanently affixed to an existing structure before the effective date of this act.
3. No discrimination or retaliation. An individual, person, entity, or business subject to the smoking prohibitions of this section shall not discriminate or retaliate in any manner against a person for making a complaint of a violation of this section or furnishing information concerning a violation to a person, entity, or business or to an enforcement authority.
Penalties
Any person who violates any provision of this no smoking law is guilty of a violation and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
Some Other States That Have Passed a Clean Indoor Air Act
New York Clean Indoor Air Act
Minnesota Clean Indoor Air Act
Florida Clean Indoor Air Act
Illinois Clean Indoor Air Act (Q & A page)
Delaware Clean Indoor Air Act
Montana Clean Indoor Air Act
Washington Clean Indoor Air Act.
Pennsylvania Clean Indoor Air Act
Nebraska Clean Indoor Air Act.
Idaho Clean Indoor Air Act
Smoke Free Colorado
Some States Where Clean Indoor Air legislation is in process
Nevada Initiative to enact a Clean Indoor Air Act
Maryland Clean Indoor Air Act – failed to pass Maryland’s House Health and Government Operations Committee on Feb 23, 2006
Smoke Free Ohio
Reference:
- Additional Resources:
