The New Iowa Smoke Free Air Act Impacts Even YOUR Business

Iowa's new SmokeFree Air Act went into effect July 1, 2008. Many people associate the new law with bars and restaurants but may not realize the far reaching impact it has on all Iowa businesses (well, except maybe those pesky casinos).

Areas Where Smoking Prohibited:

The new law applies to restaurants, bars, food service establishments, outdoor sports arenas and amphitheaters. It also covers places of employment such as office buildings, health care facilities, and child care facilities.

Areas Where Smoking is Not Prohibited:

Smoking is allowed on the gaming floor of a licensed casino, as well as designated hotel and motel rooms.

Following the Law:

To comply with the new law, businesses must do several things. They MUST: post “no-smoking” signs at entrances to non-smoking areas; inform all employees about the provisions of the law; and remove all ashtrays from areas where smoking is prohibited. They should also ask people who are smoking in a non-smoking area of their business to stop smoking or to leave the area. Failure to comply with the law may result in a civil fine of $100, $200, or $500 depending on the number of violations. The business could also lose their business license or liquor license.

For purposes of the Act, an "employee" means any person who is employed by an employer in consideration for direct or indirect monetary wages or profit, or a person who provides services to an employer on a voluntary basis.  "Place of employment" means an area under the control of an employer and includes all areas that an employee frequents during the course of employment or volunteering, including but not limited to work areas, private offices, conference and meeting rooms, classrooms, auditoriums, employee lounges and cafeterias, hallways, medical facilities, restrooms, elevators, stairways and stairwells, and generally vehicles owned, leased, or provided by the employer.  "Place of employment" does not include a private residence, unless the private residence is used as a child care facility, a child care home, or as a health care provider location.

If you own a business you should also consider a policy banning smoking in all company-owned vehicles (and don't forget your "no smoking" signs that must be visible on the exterior of the vehicle). This is because a vehicle that is assigned to a driver who smokes must be designated as “No Smoking” for its remaining life as a company vehicle if the driver ever allows a passenger to ride with him/her. If the vehicle is driven by any person other than the designated smoking driver it must be smokefree “at all times”.

To view sample signage, please click here. The signs need to clearly display three items: (1) the international "no smoking" symbol OR the words "No Smoking," (2) the Smokefree Air Act Web site, www.IowaSmokefreeAir.gov, and the (3) Smokefree Air Act Helpline 1-888-944-2247. The Administrative Rules require signs to be at least 24 square inches in size and the type must be in a legible font.

If you are interested in the entire Act, please click here.  If you have questions about the Act you should contact the Iowa Department of Public Health or consult your attorney.

- Rush on Business

Comments

[Francis]

Until a century ago, it was acceptable to spit in public. In Belgium once, I witnessed a peasant urinate in public apparently not thinking of this as appropriate.

Gradually, society does evolve, and various personal behaviors become recognized as dirty and as offensive to others. As social disapproval takes effect, they disappear. Smoking from one end of the body is now becoming recognized as just as inappropriately a shared experience as discharging any other waste from bodily orifices at the other end.

Like opium smoking, restricted to Chinatown "dens" where the addicts were quarantined away from the public, smoking is moving out of public sight. Good riddance.

Hopefully we will soon see public smoking disappear as public spitting disappeared, then private smoking will follow.

[Teena]

Since the beginning of the no smoking ban, I have seen more cigarette smokers standing near cars in parking lots, more cigarette butts littering up the landscaping, and have smelled more smoke overall. Before all I had to do to avoid the smoke was to avoid the smoking areas, now I'm inundated with it on my way to and from work, and during my breaks when I use to enjoy going for a walk, as people are smoking to and from buildings instead of in the old designated smoking areas. I’m hope it’s just that smokers don’t realize where they can, and cannot smoke. Please keep up the education effort.

[Pete]

Interesting addition to this, I have a friend that works at AIB. They can no longer allow their students to smoke on campus, anywhere on campus, even in their own rented apartments. As a result, they are very concerned they are going to lose revenue since their students can go next door to the apartment complex there and rent and smoke as much as they want to smoke. Hopefully, their revenue will maintain as the non-smokers will still rent.

[John Bernhagen]

Living in an apartment complex that has posted no smoking signs.Since decks of course are attached on to sides of the apartments and with hearing about the code and the distance you have to be away from the building to smoke,is it under the law illegal to smoke on the decks which of course smoke filters up to my deck and children do get exposed to the second hand smoke since the smoke only travels maybe five feet.Let me know on this so I can forward information to property management.Thank you,John

[Rush Nigut]

John:

Thanks for the inquiry. I am not permitted to answer specific legal questions on the blog. I suggest you contact the Iowa Department of Public Health to find out their position on the matter. They are very helpful in answering questions from the public. I emailed a question and received a response within just a few hours.

Rush

[Paul M]

I used to enjoy having certain liberties...While this may be a victory for non-smokers it is a loss for everyone who enjoys rights and freedoms.