OHIO ISSUE 5 SEVERELY RESTRICTS
SMOKING IN NEARLY ALL PUBLIC PLACES AND
PLACES OF EMPLOYMENT
By Michael J. Bodgan, Esq.
Novemeber 2006

On November 7, 2006, the voters of the State of Ohio voted in favor of
Issue 5.  The purpose of Issue 5 was to enact Ohio Revised Code Section 3794 which restricts smoking significantly.  Specifically, the statute prohibits smoking in enclosed areas of public establishments and enclosed areas in places of employment.  The law does exempt very few establishments from these smoking restrictions including private residences, family businesses (in which all employees are related to the owner), tobacco stores, hotel rooms (but no more than 20% of all rooms), and nursing homes.

The new law will take effect December 7, 2006.  However, in an effort to allow time for the creation of procedures to enforce the new law, the State of Ohio has announced it will not begin enforcing the restrictions until May 2007.

The main provisions of the restrictions are as follows:

• There shall be no smoking inside a public place or place of employment;
• There shall be no smoking in any areas directly or indirectly under the control of the proprietor or employer which are immediately adjacent to locations of entrance and exit; and
• Proprietors and/or employers shall ensure that tobacco smoke does not enter any area in which smoking is prohibited through entrances, windows, ventilation systems, or any other means.

These smoking restrictions are applied not only to the physical building; rather, the smoking restrictions extend to any areas which would be considered entrance or exit points to the building and/or other areas in which tobacco smoke could easily carry into the building.  This provision will severely limit the common practice of allowing patrons and employees of smoke-free facilities to smoke outside of the buildings, near doors and other points of entry and exit.  Proprietors and employers will now be required to restrict smoking to more remote areas of their properties if such areas exist at all.

In addition, to the traditional office building, the law also applies to the following areas under the statute’s definition of “Places of Employment”:  company vehicles, warehouses, garages, stairways, and restrooms.

In support of the smoking restrictions discussed above, all employers and proprietors must place “No Smoking” signs, or signs with the international “No Smoking” symbol, along with the phone number of the state and/or local department to which violations of the smoking restrictions can be reported.  In addition, all ashtrays and other receptacles used for disposing of smoking materials must be removed from any area where smoking is prohibited by the new law (including entrances/exits).

The passing of Ohio State Issue 5 affects the vast majority of business owners and employers in the State of Ohio.  Please familiarize yourself with its details to fully understand your individual requirements under the new law so as to avoid unnecessary fines and sanctions.  The Ohio Department of Health will be charged with the enforcement of the new smoking restrictions and will announce these enforcement mechanisms in mid 2007.

Please note this is merely a general summary of the law and should not be used to solve any individual problems as your particular situation may require a material variance in the applicable legal advice.  If you have any questions as to the applicability of the new laws to your company or establishment, please contact
Attorney Michael Bogdan, or any member of the Labor and Employment Practice Section of Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A. for further advice and analysis.