No Smoking Policy and Poster Requirement for Kansas Employers Effective July 1, 2010
06/30/10
The newly passed Kansas Indoor Clean Air Act goes into effect July 1, 2010. The Act prohibits smoking in the enclosed areas of any place of employment. The Act permits employees to smoke outside enclosed areas, provided the area is at least 10 feet from any door, open window or air intake leading into the place of employment.
The Act also mandates that Kansas employers take the following actions:
(1) adopt and maintain a written smoking policy that prohibits smoking without exception in all enclosed areas of the place of employment;
(2) communicate the no smoking policy to all current employees, preferably in writing, within one week of July 1, 2010, and then to all new employees upon hire; and
(3) post a no smoking sign. (The Kansas Department of Health has published a no smoking sign that may be downloaded from the following website: www.kssmokefree.org/no_smoking_sign.html).
Local law enforcement has the authority to enforce the Act. Violators will be subject to fines in an amount not to exceed $100 for the first violation, $200 for a second violation within one year, and $500 per violation for each successive violation. In addition, the Act creates whistleblower protection for employees who report a violation of the act.
For more information, contact Rich Fritz or JJ Danker.
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