Rialto Municipal Code Ch. 8.16 Regulation of Smoking in Places of Employment

The purpose of this chapter is to protect an employee's health and welfare by requiring a smoking policy in the workplace and to strike a reasonable balance between the needs of persons who smoke and the need of nonsmokers to breathe smoke-free air, and to recognize that, where these needs conflict, the need to breathe smoke-free air shall have priority.

(Ord. 1118 (part), 1990)

The following words and phrases whenever used in this chapter, unless the content indicates otherwise, shall be construed as defined in this section.

A. "Business" means any sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities under which legal, medical, dental, engineering, architectural or other professional services are delivered.

B. "City of Rialto" means and includes all entities of which the Council of the City of Rialto is the governing body.

C. "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit.

D. "Employer" means any person who employs the services of twenty-five or more individuals.

E. "Person" means any natural person, partnership, corporation, unincorporated association, joint venture, business trust, joint stock company, club, or other organization of any kind except the city or any other public agency.

F. "Place of employment" means any enclosed area under the control of an employer which employees normally frequent during the course of employment, including, but not limited to:

1. Work areas;

2. Conference rooms and classrooms;

3. Employee cafeterias;

4. Employee lounges and rest rooms; and

5. Hallways.

G. "Smoking" means lighting, inhaling, exhaling, or burning any pipe, cigar, cigarette, weed or plant, or carrying any lighted pipe, lighted cigar, lighted cigarette, lighted weed, lighted plant, or other ignited combustible substance in any manner or in any form.

H. "Work area" or "workplace" means any area of a place of employment enclosed by floor to ceiling walls in which two or more employees are assigned to perform work for an employer.

(Ord. 1118 (part), 1990)

It shall be the responsibility of employers in the incorporated area of the city to provide smoke-free areas for nonsmokers within existing facilities to the maximum extent possible. Such employers are not required to incur any expense to make structural or other physical modifications in providing these areas.

(Ord. 1118 (part), 1990)

Within ninety days of the effective date of the ordinance codified in this chapter, each employer shall adopt, implement, and maintain a written no smoking policy which shall contain at a minimum the following requirements:

A. Prohibition of smoking in employer conference and meeting rooms, classrooms, auditoriums, rest rooms, medical facilities, hallways and elevators;

B. Provision and maintenance of a contiguous no smoking area of not less than fifty percent of the seating capacity and floor space in cafeterias, lunchrooms and employee lounges;

C. Any employee in the office workplace shall be given the right to designate his or her immediate assigned work area as a no smoking area and to post it with the appropriate signs or sign. The policy adopted by the employer shall include a definition of the term "immediate work area" which gives preferential consideration to nonsmokers;

D. In any dispute arising under the no smoking policy, the right to not involuntarily be exposed to secondhand smoke shall be given precedence;

E. Whenever smoking is prohibited, conspicuous signs shall be posted by the employer so stating;

F. The smoking policy shall be communicated in writing to all employees by the employer within one month of its adoption and thereafter upon employment;

G. This chapter is not intended to regulate smoking in the following places and under the following conditions:

1. A private home which may serve as an office workplace,

2. Any property owned or leased by other governmental agencies,

3. A private enclosed office workplace occupied exclusively by smokers, even though such an office workplace may be visited by nonsmokers, excepting places in which smoking is prohibited by the fire marshal or by law, ordinance or regulation.

(Ord. 1118 (part), 1990)

Every employer shall have the right to designate any workplace as a nonsmoking area.

(Ord. 1118 (part), 1990)

An employer who makes reasonable efforts to develop and promulgate a policy regarding smoking and nonsmoking in the workplace shall be deemed to be in compliance with this chapter provided that a policy which knowingly omits the minimum requirements of Section 8.16.040 shall not be deemed in compliance.

(Ord. 1118 (part), 1990)

No person or employer shall discharge or in any manner retaliate against any employee because such employee exercises any rights afforded by this chapter.

(Ord. 1118 (part), 1990)

A. Compliance with this chapter concerning adoption, implementation, and maintenance of a no smoking policy is mandatory. However, enforcement emphasis will be placed on voluntary employer compliance. Wilful failure to comply shall be an infraction punishable as follows:

1. Fifty dollars—first in any twelve-month period;

2. One hundred dollars—second in any twelve-month period;

3. Two hundred fifty dollars—third and subsequent.

B. The city administrator or his/her designee shall have primary authority to enforce this chapter and is directed to make reasonable efforts to inform and seek cooperation with private employers in the implementation of this chapter.

(Ord. 1234 (part), 1995: Ord. 1118 (part), 1990)

Signs which designate smoking or no smoking areas established by this chapter shall be clearly, sufficiently, and conspicuously posted in rooms, buildings, or other places so covered by this chapter as reasonably deemed necessary by the department head, operator, manager, or other person having control of such room, building, or other place. Where possible, ashtrays, receptacles, or other devices used for extinguishing or discarding smoking materials shall be removed from all nonsmoking areas.

(Ord. 1118 (part), 1990)