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OCTOBER 2002 QUESTION OF THE MONTH

Q. What are the state's smoking restrictions in the workplace?

A. In 1990, New York State passed a comprehensive ban and restriction on smoking in indoor areas open to the public, food service establishments and places of employment through Article 13-E of the NYS Public Health Law.

Every employer must adopt a written policy on smoking and must provide a smoke free workplace to employees. Smoking is prohibited in auditoriums, elevators, gyms, classrooms, hallways, rest rooms, medical facilities and photocopy rooms. In conference or meeting rooms and company vehicles, smoking may be permitted if all present agree. No-smoking areas in cafeteria and lunch rooms must be sufficient to meet employee demand.

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This question was an actual inquiry received by our Resourceline from a Business Council member.

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