Workplace Smoking Rules in Idaho
Employers in Idaho must comply with these state rules regulating smoking in the workplace.
Generally, smoking is prohibited in public places and in public meetings.
Employers covered: Employer means any person, partnership, limited liability company, association, corporation, or nonprofit entity that employs one or more persons.
Written policy: Written policy not specified but an employer or other person in charge of a public place or publicly-owned building or office shall not knowingly or intentionally permit the smoking of tobacco products in violation of the law.
Posting requirements: "Warning: Smoking Permitted" signs, with letters at least an inch high, must be prominently posted in a smoking breakroom and properly maintained by the employer.
No smoking areas: Smoking is prohibited in public place which includes any enclosed indoor place of business, commerce, banking, financial service or other service related activity, whether publicly or privately owned and whether operated for profit or not, to which persons not employed at the public place have general and regular access or which the public uses, including restaurants and publicly-owned buildings or offices.
Permitted smoking areas: Smoking is permitted in:
- smoking areas or throughout whole bars
- designated areas in veterans' homes
- private social functions
- lodging guest rooms
- areas of owner-operated businesses
- home offices and businesses other than child care
- bowling alleys
- tobacco shops
- certain employee breakrooms
Smoking is permitted in designated employee breakrooms established by small business owners employing five or fewer employees, provided that the breakroom is not accessible to minors, that it is separated from other parts of the building by floor to ceiling partition, that it is not the sole means of entrance or exit to the establishment or its restrooms, and it is located in an area where no employee has to enter to perform work responsibilities. Work responsibilities do not include custodial or maintenance work performed in a breakroom when it is unoccupied.
Employers are not required to provide reasonable accommodation to smokers, or provide breakrooms for smokers or nonsmokers. Employers are permitted to prohibit smoking in an enclosed place of employment.