Cameron Miranda
The Smoke-Free Illinois Act (SFIA) is a state law that protects residents, workers, and visitors from the harmful effects of exposure to secondhand tobacco smoke and e-cigarette vapour. The Act prohibits smoking within 15 feet of any entrance to a place of employment. While the Act does not require employers to provide an outdoor smoking shelter for employees, it does require existing shelters and ashtrays to be moved in accordance with the 15-foot rule. The Act also requires employers to clearly display 'No Smoking' signs in the workplace and prohibits retaliation against employees who report a violation. Although there is no mention of a specific number of smoke breaks that are allowed by law in Illinois, employers should be aware of specific areas of concern in regard to restricting tobacco use.
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What You'll Learn
The Smoke-Free Illinois Act
The SFIA defines places of employment as any area that employees are required to occupy, enter, or pass through while on the job. Public places are defined as any building or vehicle that is used by and open to the public. This includes, but is not limited to, hospitals, restaurants, stores, offices, elevators, indoor theatres, libraries, warehouses, concert halls, public conveyances, meeting rooms, schools, and private clubs.
The act does not apply to tobacco use associated with recognised religious ceremonies, rituals, or activities by American Indians, which are held in accordance with the federal American Indian Religious Freedom Act.
The SFIA also outlines the requirements for signage and ashtray removal in smoke-free areas. "No Smoking" signs or the international "No Smoking" symbol must be clearly posted in all smoke-free areas, and all ashtrays must be removed from these areas.
In addition to the SFIA, the General Assembly also finds that there is no risk-free level of exposure to second-hand smoke. The scientific evidence that second-hand smoke causes serious diseases is conclusive, and separating smokers from non-smokers is ineffective in eliminating exposure. Therefore, smoke-free workplace policies are essential to reducing exposure and do not negatively impact the hospitality industry economically.
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Workplace smoking policies
The following guidelines outline our company's smoking policies, which aim to create a safe and healthy work environment for all employees while also respecting the rights of smokers. We recognize the harmful effects of smoking and secondhand smoke exposure and are committed to complying with all relevant laws and regulations, including the Smoke-Free Illinois Act (SFIA).
Smoking Restrictions
Smoking, including the use of cigarettes, cigars, hookah, and electronic smoking devices such as e-cigarettes and vapes, is strictly prohibited in all enclosed areas of our workplace. This includes any indoor areas, as well as within 15 feet of any entrance, exit, window, or ventilation intake.
Designated Smoking Areas
We provide designated smoking areas located outdoors, away from main passageways and entrances/exits, to accommodate employees who smoke. Smoking is only permitted during work breaks or lunch periods and should be scheduled to minimize the impact on non-smoking employees.
Non-Smoker Protection
It is our priority to protect non-smoking employees from the hazards of secondhand smoke. In addition to the smoking restrictions and designated smoking areas, we will facilitate job reassignments or other reasonable accommodations for employees who are particularly sensitive to smoke.
Employee Rights
We respect the rights of both smokers and non-smokers and will not discriminate against employees based on their smoking status. However, we encourage smokers to consider smoking cessation initiatives for their own health and well-being. According to the Affordable Care Act (ACA), health insurers may charge higher premiums for tobacco users, providing an additional incentive to quit.
Compliance and Enforcement
We will ensure compliance with the SFIA and other relevant laws by posting clear and conspicuous "No Smoking" signs throughout the workplace, including at every entrance. All ashtrays will be removed from non-smoking areas, and existing outdoor shelters will be relocated to adhere to the 15-foot rule.
Exemptions
Please note that certain types of facilities, such as private residences used for childcare or adult care, retail tobacco stores meeting specific requirements, and hotel/motel sleeping rooms with designated smoking rooms, may be exempt from the SFIA.
By implementing these smoking policies, we aim to create a healthy and safe work environment for all employees while respecting the rights of smokers. We encourage open communication and feedback regarding these policies and will work together to ensure a harmonious workplace for everyone.
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Discrimination against smokers
In Illinois, the Smoke Free Illinois Act prohibits smoking in public places, places of employment, and government vehicles. The Act also requires employers to post "No Smoking" signs and remove ashtrays from the workplace. While the Act does not specify the number of smoke breaks allowed, it focuses on restricting smoking in specific areas and protecting non-smokers from second-hand smoke.
Regarding discrimination against smokers, Illinois law prohibits discrimination against individuals who exercise their rights under the Smoke Free Illinois Act. However, this does not specifically address discrimination against smokers as a broader group.
In terms of workplace discrimination, smokers in Illinois do not have a protected class status. While 29 states and the District of Columbia have laws protecting smokers from employment discrimination, Illinois is not one of them. This means that employers in Illinois can legally discriminate against smokers, as smoking is not a protected characteristic under state law.
However, employers in Illinois cannot discriminate against employees for engaging in legal activities during non-working hours, including smoking. Additionally, employers must provide reasonable accommodations for disabled nonsmokers affected by second-hand smoke under the Americans with Disabilities Act (ADA).
In summary, while Illinois law prohibits discrimination related to the exercise of rights under the Smoke Free Illinois Act, it does not specifically address broader discrimination against smokers. Smokers in Illinois do not have a protected class status, and employers can legally discriminate against them. Nevertheless, employers cannot discriminate against employees for legal off-duty conduct and must accommodate disabled nonsmokers under the ADA.
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Illinois employers and fines
As of January 1, 2008, Illinois employers could be fined if they fail to prevent their employees from smoking in the workplace. The Smoke Free Illinois Act requires employers to prohibit any person from smoking in any place of employment or within 15 feet of any entrance to a place of employment. This includes workplaces, offices, work areas, conference rooms, break rooms, cafeterias, and other common areas.
The Act also requires employers to clearly display "No Smoking" signs or the international "No Smoking" symbol in the workplace, post signs at every entrance, and remove all ashtrays from the workplace. Employers may be fined each day they violate the Act: a minimum of $250 for the first violation, a minimum of $500 for the second violation within one year, and a minimum of $2,500 for each additional violation within one year after the first violation.
The Act defines a "place of employment" as any area where employees are required to enter, leave, or pass through while performing their work duties, any area where employees have their offices or work areas, and any "common areas" such as restrooms, conference rooms, classrooms, break rooms, and cafeterias.
The Smoke-Free Illinois Act protects the public from the harmful effects of exposure to tobacco smoke. Secondhand smoke contains more than 4,000 chemicals, including over 50 known cancer-causing substances. The U.S. Surgeon General has concluded that there is no risk-free level of exposure to secondhand smoke, and even small amounts can be harmful to people's health.
The Act can be enforced and fines may be levied by the Illinois Department of Public Health, state-certified local public health departments, and local law enforcement agencies.
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Exemptions to the Act
The Smoke-Free Illinois Act (SFIA) outlines several exemptions to the law regarding smoking in public places and places of employment. These exemptions include:
- Private Residences and Home-Based Businesses: The SFIA does not apply to private residences or home-based businesses unless they are used to provide licensed child care, adult care, foster care, or other similar social services. In such cases, smoking is prohibited to protect the health and well-being of those receiving care.
- Retail Tobacco Stores: Retail tobacco stores that meet certain requirements are exempt from the SFIA. These stores must have been in operation before January 1, 2008, and derive at least 80% of their gross revenue from the sale of tobacco products. Additionally, the smoke from these stores must not migrate into enclosed areas where smoking is prohibited.
- Nursing Homes and Long-Term Care Facilities: Private and semi-private rooms in nursing homes and long-term care facilities are exempt from the SFIA if they meet specific requirements. This includes allowing access only to resident smokers who have requested in writing to use the designated smoking room, and ensuring that smoke does not infiltrate other areas of the facility.
- Hotel and Motel Sleeping Rooms: Hotel and motel sleeping rooms designated as smoking rooms are exempt, provided that all smoking rooms are contiguous on the same floor. Additionally, no more than 25% of the total guest rooms can be designated as smoking rooms. The smoke from these rooms must not enter non-smoking areas, and the status of rooms as smoking or non-smoking cannot be changed, except to add more non-smoking rooms.
- Enclosed Laboratories: Enclosed laboratories that are not open to the public and are used exclusively for medical or scientific health-related research are exempt from the SFIA.
- Convention Centers for Tobacco Trade Events: The Donald E. Stephens Convention Center may allow smoking in a designated hall during meetings or trade shows for manufacturers, suppliers, and exhibitors of tobacco products. However, this exemption only applies if the event is for attendees and exhibitors over 21 years of age and is not open to the general public. Smoking is still prohibited in all public areas outside the designated hall.
- On-Site Cannabis Consumption: A dispensing organization authorized by a local government to allow on-site cannabis consumption may be exempt from the SFIA if they meet specific requirements. These include maintaining a specially designated area for cannabis smoking, restricting access to individuals 21 years of age or older, and having a locked door or barrier to control access to the smoking area.
It is important to note that while these exemptions exist, the overall goal of the SFIA is to protect the public from the harmful effects of secondhand smoke. Employers and business owners are still responsible for ensuring the health and safety of their employees and customers, even in exempted locations.
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Frequently asked questions
No, the Smoke-Free Illinois Act (SFIA) prohibits smoking within 15 feet of any entrance to a public place or place of employment.
The SFIA is a state law that protects residents, workers, and visitors from the harmful effects of exposure to secondhand tobacco smoke and e-cigarette vapour.
Employers may be fined a minimum of $250 for the first violation, $500 for the second violation, and $2,500 for each additional violation. Employees are also subject to fines if they smoke in the workplace.
