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City of Bloomington Enacts No Smoking Ordinance

As you may be aware, the City of Bloomington Common Council enacted Ordinance 03-06 which bans smoking in public places and places of employment.  Contrary to popular belief, this Ordinance does not just apply to restaurants and bars.  The Ordinance applies to all businesses and places of employment in Bloomington as of August 1, 2003.  Every retail store, professional office, and enclosed area which employees normally frequent during the course of employment, including but not limited to, work areas, private offices, employee lounges, restrooms, conference and classrooms, employee cafeterias and hallways, are to be smoke-free.

Under the Ordinance, an employer with an enclosed place of employment is required to provide its employees with a smoke-free workplace.  While an employer does not need to make any structural or physical modifications, an employer must implement, make known, and maintain a written smoking policy by July 25, 2003.  A sample smoking policy that meets the Ordinance’s requirements follows:

Smoking shall be prohibited in all enclosed facilities within a place of employment without exception.  This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles with more than one occupant, and all other enclosed facilities.

An employer must communicate its smoking policy to its employees within three weeks of its adoption.  Since employers were required to adopt a smoking policy by July 25, 2003, employees should already be aware of their employer’s policy.  If you are an employer and you have not adopted a smoking policy and notified your employees of such policy, take action now to avoid up to $100 per violation fine.  Written copies of the smoking policy should be available for any existing or prospective employee who makes such a request.  Along with adopting a smoking policy, employers must post a “No Smoking” or the international no smoking symbol in its building.  In all public places, “No Smoking” signs should be placed at every entrance.

Even though the Ordinance is now in effect, you may still see smoking in some bars and private clubs.  That is because certain bars, which had previously designated smoking areas, and private clubs have until January 1, 2005 to comply with the Ordinance.  The Ordinance also exempts private residences, except when a residence is used as a childcare, adult daycare, or healthcare facility, retail tobacco stores, and a limited number of hotel and motel rooms.  However, smoking in outdoor areas such as courtyards and patios of restaurants and bars is prohibited.  Smoking is also prohibited in ATM lines, ticket lines, and bus stops.

So where may people smoke in the city?  You must be a reasonable distance outside any area where smoking is prohibited.  Whatever that means!