Section 5-608 - Smoking prohibited.
§ 5-608. Smoking prohibited.
(a) In general.- Except as provided in § 24-505 of the Health - General Article, an individual may not smoke in an indoor place of employment.
(b) Regulations; violations; penalties.-
(1) The Department shall adopt regulations that prohibit environmental tobacco smoke, as defined in § 24-501 of the Health - General Article, in indoor places of employment not normally open to the general public.
(2) Subject to subsection (c) of this section, a person who violates a regulation adopted under this subtitle:
(i) for a first violation, shall be issued a written reprimand by the Commissioner or the Commissioner's designee;
(ii) for a second violation, is subject to a civil penalty of $100; and
(iii) for each subsequent violation, is subject to a civil penalty not less than $250.
(c) Waiver of penalties.- The Commissioner may waive a penalty established under subsection (b) of this section, giving consideration to factors that include:
(1) the seriousness of the violation; and
(2) any demonstrated good faith measures to comply with the provisions of this subtitle.
(d) Payment of penalties into Cigarette Restitution Fund.- A penalty collected by the Commissioner under this section shall be paid to the Cigarette Restitution Fund established under § 7-317 of the State Finance and Procurement Article.
(e) Annual reports.- On or before September 30 of each year, the Department shall report, in accordance with § 2-1246 of the State Government Article, to the General Assembly on:
(1) the enforcement efforts of the Department to eliminate environmental tobacco smoke, as defined in § 24-501 of the Health - General Article, in indoor places of employment during the prior year; and
(2) the results of these enforcement efforts.
(f) Retaliation prohibited.- An employer who discharges or discriminates against an employee because that employee has made a complaint under this section, has given information to the Department in accordance with this section, has caused to be instituted or is about to cause to be instituted a proceeding under this section, or has testified or is about to testify in a proceeding, shall be deemed in violation of this section and shall be subject to a civil penalty of at least $2,000 but not more than $10,000 for each violation.
(g) Malicious complaints or bad faith actions prohibited; injunctions and damages.-
(1) An employee may not:
(i) make a groundless or malicious complaint to the Commissioner or an authorized representative of the Commissioner;
(ii) in bad faith, bring an action under this subtitle; or
(iii) in bad faith, testify in an action under this subtitle or a proceeding that relates to the subject of this subtitle.
(2) The Commissioner may bring an action for injunctive relief and damages against a person who violates the provisions of paragraph (1) of this subsection.
[2007, ch. 501, § 1; ch. 502, § 1.]