Regulation and Rulemaking
Rulemaking Authority
Lessons from the Field
Case Study
Athletic Facilities
Buffer Zones
Cigar Bars
Day Care
Duties of Proprietors
Employee (defined)
Enclosed (defined)
Gaming Facilities
Governmental Cooperation (Comity)
Health Care Facilities
Native American Ritual Tobacco Use
Non-Preemption Clause
Outdoor Areas
Patios and Other Outdoor Seating
Place of Employment
Private Clubs
Retail Tobacco Stores
Rulemaking Authority
Smoking (defined)
Health Benefits
Economic Impact
Legal Issues
Timeline
Checklist
Templates
Developing Smokefree Implementation Regulations
Home
Introduction to Smokefree Rulemaking
Implementation Language
Background for Lawyers
Timeline and Tools
About Us
Quicklinks
Terms
Links
Contact Us
Place of Employment
 

Model

“Place of employment” means an area under the control of a public or private employer, including, but not limited to, offices, work areas, lounges, restrooms, meeting rooms, classrooms, employee cafeterias, hallways, and within twenty (20) feet of any outside entrance, exit, operable window, or ventilation intake. Smoking shall be prohibited at all times in vehicles owned by a public or private employer provided that the vehicle is at any time used by more than one (1) person. A private residence is not a place of employment unless it is used as a child care, adult day care, or health care facility.

Examples

New York Clean Indoor Air Act, effective July 24, 2003

Sec. 1399-n. Definitions. For purposes of this article:

  1. "Place of employment" means any indoor area or portion thereof under the control of an employer in which employees of the employer perform services, and shall include, but not be limited to, offices, school grounds, retail stores, banquet facilities, theaters, food stores, banks, financial institutions, factories, warehouses, employee cafeterias, lounges, auditoriums, gymnasiums, restrooms, elevators, hallways, museums, libraries, bowling establishments, employee medical facilities, rooms or areas containing photocopying equipment or other office equipment used in common, and company vehicles.

top

Smoke-free Rules and Regulations, adopted by the Rhode Island Department of Health, December 2004

Section 1.0 Definitions

Whenever used in these rules and regulations, the following terms shall be construed as follows:

  1.  
    1. “Place of employment” means an area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, employees lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, and hallways. Vehicles owned by a public or private employer are covered under this definition provided that the vehicle is used by more than one (1) person. A private residence is not a place of employment unless it is used as a child care, adult day care or health care facility.
       
    1. “Workplace” means any enclosed area of a structure or portion thereof intended for occupancy by business entities which will provide primarily, but not exclusively, clerical, professional, or business services of the business entity, or which will provide primarily, but not exclusively, clerical, professional, or business services to other business entities or to the public, at that location. The workplace includes, but is not limited to, office spaces in office buildings, office spaces in all state and municipal office buildings, office spaces in all federal office buildings where other than federal employees are present, medical office waiting rooms, all factory or manufacturing plant areas, libraries, museums, hospitals, nursing homes, other medical treatment facilities, and in all the aforementioned.

top

Washington Initiative Measure No. 901, approved November 8, 2005

70.160.020 Definitions.

As used in this chapter, the following terms have the meanings indicated unless the context clearly indicates otherwise.

  1. "Place of employment" means any area under the control of a public or private employer which employees are required to pass through during the course of employment, including, but not limited to: Entrances and exits to the places of employment, and including a presumptively reasonable minimum distance, as set forth in RCW 70.160.075, of twenty-five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited; work areas; restrooms; conference and classrooms; break rooms and cafeterias; and other common areas. A private residence or home-based business, unless used to provide licensed child care, foster care, adult care, or other similar social service care on the premises, is not a place of employment.

top