§ 1423 - Exceptions
§ 1423. Exceptions
(a) As an alternative to section 1422 of this title an employer may establish a smoking policy that permits smoking in designated unenclosed smoking areas if the layout of the workplace is such that smoking will not be a physical irritation to any nonsmoking employee in the workplace and three-fourths of the employees in the workplace agree.
(b) The requirement that the smoking policy be reduced to writing shall only apply to employers who regularly employ at least ten employees who work more than 15 hours per week. (Added 1987, No. 69, § 2, eff. July 1, 1988.)