**Nothing in this document should be construed as legal advice.**

When does the law take effect?

The Smoke Free Workplace Act becomes law on Dec. 7, 2006.

What places will be smoke-free?

The Smoke Free Workplace Act covers all enclosed public places and workplaces. If an establishment has an employee or invites members of the public to enter, the establishment shall be smoke-free. An owner of a business must also ensure that smoking outside the building is far enough away from doorways or windows so that smoke does not enter the enclosed area.

Generally, the law does not apply to homes, cars, or outdoor areas.

What is a business owner’s responsibility?

A proprietor must:

-prohibit smoking in enclosed public places and workplaces and areas near windows and doors;

-conspicuously post no smoking signs; and

-remove ashtrays.

The Ohio Department of Health will provide template no smoking signs with the toll-free hotline number.

Where can I purchase signage for my establishment?

Signs can be purchased from any vendor of your choosing.  Signage must either read “No Smoking” or have 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).  Signs must be conspicuously posted in every public place and place of employment where smoking is prohibited by this chapter.  The signs must be clearly legible and must contain the toll-free number for reporting violations, 1-866-559-OHIO (6446).  Please note: If the no smoking symbol is used, it must, in accordance with ORC 3794.06A, be printed in color.

Do I have to post “No Smoking” signs at every entrance to my establishment?

Yes.  Signs must be conspicuously posted at each entrance to the public place or place of employment.  The signs must be clearly legible and must contain the toll-free number for reporting violations. 

How far away from an entrance must smokers be?

Smoking is prohibited immediately adjacent to entrances and exits. A proprietor of a business must ensure that smoking outside the building is far enough away from doorways or windows so that smoke does not enter the enclosed area.

Can I create an outdoor “butt hut” for my smoking employees?

The Act defines an “Enclosed Area” as any area that is enclosed by an overhead covering of any kind and walls of any kind on all sides or all sides but one. Therefore, any structure created for smoking employees must not fit the definition of an Enclosed Area in order to allow smoking.

Will this hurt local bar and restaurant business?

No. The SmokeFree Workplace Act creates a fair, level playing field for all businesses. Franklin County sales tax receipts for bars and restaurants increased 7.4% after Columbus went smoke-free.  A 2006 survey of 300 Union County residents found that 74% of respondents indicated that a smoking ban would not deter them from eating out, while 16% of respondents indicated they would eat out more if a smoking ban was enacted.  Studies from states and cities that have passed strong smoke-free laws have found no impact or a positive impact on business. They also found it improved the health of workers and customers.

Who enforces the law?

The Ohio Department of Health will designate, through a rule making process, a local enforcement authority which will most likely be the local departments of health. The Ohio Department of Health has until June 7, 2007 to adopt rules that specify the enforcement authority and outline enforcement procedures. The Ohio Department of Health is required to create a website to explain the law, to set up a hotline to take anonymous complaints, and make businesses aware of the law.

Interested parties may follow the status of the rule adoption process by checking the Ohio Department of Health’s website (www.odh.ohio.gov). Draft rules will be posted on the ODH website for review and comment. In addition to the comment period, ODH will hold a public hearing on the rules prior to their adoption.

Even though ODH has six months to adopt rules, the law is still goes into effect on December 7, 2006. Public places and workplaces should begin compliance with the law on that date.

What is the toll free number for reporting violations?

Toll Free Enforcement Line:  1-866-559-OHIO (6446)

This line should be used for all enforcement related questions after November 21, 2006 or to report violations after December 7, 2006.  This telephone number must appear on no smoking signs as required by Section 3794.06 of the Revised Code.

Toll Free Information Line:  1-866-634-7654

This line is for general information concerning the law or for non-enforcement related questions.

What happens when the law is violated?

Experience in cities and states with smoke-free laws shows that such laws are generally self-enforcing. Business owners are law-abiding, and Ohioans and Union County residents overwhelmingly support the law.   (57% of Union County voters voted for Issue 5.)  

After enforcement begins, both business owners and person(s) in violation of the law would get a warning letter. Smokers who repeatedly violate the law could face civil fines of up to $100. Businesses that repeatedly violate the law face fines starting at $100, but the fine could escalate for repeated violations in a 2-year period, up to $2,500.