(a) An
employer who owns, occupies, or controls workplace may:
(1) Designate the workplace or portions thereof as non-smoking areas;
(2) Have and implement a written policy on smoking which conforms to
this article;
(3) Make the policy available for inspection by employees and communicate
said policy to all employees at least three (3) weeks prior to its
adoption;
(4) Prominently display reasonably sized signs that smoking is prohibited;
(5) Provide facilities in sufficient numbers and in such locations as
to be readily accessible for the extinguishment of smoking materials;
and
(6) Not discharge, retaliate or discriminate against an employee who:
(A) Files a complaint or causes a proceeding to be instituted under or
related to this article; or
(B) Testifies or will testify in a proceeding instituted under this article;
or
(C) Exercises on his own behalf or the behalf of others any right afforded
by this article.
(b) A
person commits an offense if he smokes a cigarette, cigar, cigarillo,
pipe, or electronic cigarette or possesses a burning tobacco, weed,
or other plant product in any portion of the workplace which has been
designated as a nonsmoking area or if he violates any other provisions
of an employer’s written policy adopted, implemented, and maintained
in accordance with this article.
(1996 Code, art. 7.1000; Ordinance O-18-15 adopted 12/8/15)