Sec. 31-40q. Smoking in the workplace. Designation of smoking rooms.
Sec. 31-40q. Smoking in the workplace. Designation of smoking rooms. (a) As
used in this section:
(1) "Person" means one or more individuals, partnerships, associations, corporations, limited liability companies, business trusts, legal representatives or any organized
group of persons.
(2) "Employer" means a person engaged in business who has employees, including
the state and any political subdivision thereof.
(3) "Employee" means any person engaged in service to an employer in the business
of his employer.
(4) "Business facility" means a structurally enclosed location or portion thereof at
which employees perform services for their employer. The term "business facility" does
not include: (A) Facilities listed in subparagraph (A), (C) or (G) of subdivision (2) of
subsection (b) of section 19a-342; (B) any establishment with a permit for the sale of
alcoholic liquor pursuant to section 30-23 issued on or before May 1, 2003; (C) for any
business that is engaged in the testing or development of tobacco or tobacco products,
the areas of such business designated for such testing or development; or (D) during the
period from October 1, 2003, to April 1, 2004, establishments with a permit issued for
the sale of alcoholic liquor pursuant to section 30-22a or 30-26 or the bar area of a
bowling establishment holding a permit pursuant to subsection (a) of section 30-37c.
(5) "Smoking" means the burning of a lighted cigar, cigarette, pipe or any other
matter or substance which contains tobacco.
(b) Each employer with fewer than five employees in a business facility shall establish one or more work areas, sufficient to accommodate nonsmokers who request to
utilize such an area, within each business facility under his control, where smoking is
prohibited. The employer shall clearly designate the existence and boundaries of each
nonsmoking area by posting signs which can be readily seen by employees and visitors.
In the areas within the business facility where smoking is permitted, existing physical
barriers and ventilation systems shall be used to the extent practicable to minimize the
effect of smoking in adjacent nonsmoking areas.
(c) (1) Each employer with five or more employees shall prohibit smoking in any
business facility under said employer's control, except that an employer may designate
one or more smoking rooms.
(2) Each employer that provides a smoking room pursuant to this subsection shall
provide sufficient nonsmoking break rooms for nonsmoking employees.
(3) Each smoking room designated by an employer pursuant to this subsection shall
meet the following requirements: (A) Air from the smoking room shall be exhausted
directly to the outside by an exhaust fan, and no air from such room shall be recirculated
to other parts of the building; (B) the employer shall comply with any ventilation standard
adopted by (i) the Commissioner of Labor pursuant to chapter 571, (ii) the United States
Secretary of Labor under the authority of the Occupational Safety and Health Act of
1970, as from time to time amended, or (iii) the federal Environmental Protection
Agency; (C) such room shall be located in a nonwork area, where no employee, as part
of his or her work responsibilities, is required to enter, except such work responsibilities
shall not include any custodial or maintenance work carried out in the smoking room
when it is unoccupied; and (D) such room shall be for the use of employees only.
(d) Nothing in this section may be construed to prohibit an employer from designating an entire business facility as a nonsmoking area.
(P.A. 83-268; P.A. 87-149, S. 1, 3; P.A. 91-94; P.A. 95-79, S. 109, 189; P.A. 03-45, S. 2; 03-235, S. 3; P.A. 04-9, S. 3.)
History: P.A. 87-149 amended Subsec. (b) to require employers to establish sufficient nonsmoking areas in business
facilities and added Subsec. (c) to enable the labor commissioner to exempt certain employers from compliance with those
requirements, effective April 1, 1988; P.A. 91-94 amended Subsec. (a) by reducing the minimum number of employees
from 50 to 20 in Subdiv. (4); P.A. 95-79 amended Subsec. (a) to redefine "person" to include limited liability companies,
effective May 31, 1995; P.A. 03-45 redefined "business facility" in Subsec. (a)(4), amended Subsec. (b) and replaced
former Subsec. (c) with new Subsecs. (c) and (d) to prohibit smoking in any workplace with 5 or more employees, delete
provision for exemption by Labor Commissioner, and provide for designation of smoking rooms, if desired by employer;
P.A. 03-235 amended Subsec. (a)(4)(D) by adding the bar area of a bowling establishment holding a permit issued pursuant
to Sec. 30-37c(a) to definition of "business facility"; P.A. 04-9 amended Subsec. (a)(4) by making technical changes.
Cited. 224 C. 666. Cited. 243 C. 66.