No Smoking AND No Vaping is NYS Law in Business and at Work

My husband and I had the unpleasant experience of sitting in the audience of an entertainment venue, in back of a man who decided to vape with an e-cigarette during the entire performance. It stunk, and it was illegal, per the NYS Clean Indoor Air Act.  Interestingly enough, the required No Smoking signs were not posted anywhere in the venue (which is also a workplace) – nor were they posted in the fast-food restaurant (also a workplace) where we had dinner after the performance.

For employers, the Act is clear regarding workplace and workplace posting requirements:

Does the Act apply to private offices?

Yes. The Act prohibits smoking and vaping in all private offices and anywhere in the building.

Are workplaces required to provide a smoking or vaping break room for employees?

No. The Act prohibits employers from providing a smoking or vaping break room for employees. Businesses may not allow smoking or vaping anywhere in the building.

Should signs be posted?

Yes. “No Smoking” or “Smoking” signs, or “No Vaping” or “Vaping” signs, or a sign with the international “No Smoking” symbol, which consists of a pictorial representation of a burning cigarette enclosed in a circle with a bar across it, must be prominently posted and properly maintained by the owner, operator, manager or other person in control of an area where smoking and vaping are prohibited or permitted. Click here for downloadable smoking and no smoking signs.

Are you in compliance with the NYS No Smoking and No Vaping workplace prohibitions and posting requirements, in business and at work?