On July 1, 2010 a new law takes effect in Kansas that bans smoking in all public buildings and indoor places of employment. The law includes some very specific requirements for employers.
The law affects Kansas employers regardless of size. There are very few exceptions, which include casinos, tobacco shops, and private homes (unless the residence is used as a daycare).
The ban extends not only to all indoor places of employment including elevators, restrooms, private offices, stairwells, taxi cabs and limousines, but also to a ten foot radius outside of any doorway, open window or air intake leading into the building.
In addition to providing a smoke-free work area, employers must adopt and maintain a written smoking policy which shall prohibit smoking without exception in all areas of the place of employment. Employers must also post in conspicuous places signs displaying the international no smoking symbol and clearly stating that smoking is prohibited by state law. The law also contains an anti-retaliation provision prohibiting an employer from discharging, refusing to hire, or otherwise retaliating against an employee, applicant or customer for reporting a violation of the law.
Employers should start taking steps now to make sure a no smoking policy and proper signage are in place by the July 1 effective date.
For More Information
If you have any questions or would like assistance creating or reviewing your policy, contact any of our Labor and Employment attorneys or:
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