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Workplace Smoking Rules in Maryland

Filed under Managing the Workplace. Fact checked on June 22, 2012.

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Employers in Maryland must comply with these state rules regulating smoking in the workplace.

The Maryland Clean Indoor Air Act of 2007, and associated laws, prohibit smoking in indoor public places and indoor places of employment.

Employer coverage: Employers with one or more employees.

Written policy requirements: Employers are not required to establish a written smoking policy.

Posting requirements: Maryland requires that signs that state "smoking is permitted in this room" be prominently posted and properly maintained where smoking is allowed. The signs should be posted and maintained by the owner, operator, manager, or other person having control of the area. The letters on the sign must be at least one inch in height.

Employers must post at the entrance to an indoor place of employment a sign saying that smoking is not permitted.

No smoking areas: Smoking is prohibited in:

  • an indoor area open to the public
  • an indoor place of employment, including a vehicle (other than a private vehicle) used in the course of employment
  • an indoor place in which meetings are open to the public under certain state government articles
  • a government owned or operated means of mass transportation, including taxicabs and limousines

Permitted smoking areas: In Maryland, smoking is not prohibited in the following:

  • private homes and residences, including homes and residences used as places of business or employment, unless being used by a person who is licensed or registered to provide day care or child care
  • private vehicles, unless being used for the public transportation of children, or as part of health care or day care transportation
  • a hotel or motel room rented to one or more guests as long as the total percent of hotel or motel rooms being used as smoking rooms does not exceed 25 percent
  • a retail tobacco business in which the primary activity is the retail sale of tobacco products and accessories, and the sale of other products is incidental
  • any facility of a manufacturer, importer, wholesaler, or distributor of tobacco products or of any tobacco leaf dealer or processor in which the employees of the manufacturer, importer, wholesaler, distributor, or processor work or congregate
  • a research or educational lab for the purpose of conducting scientific research into the health effects of tobacco smoke

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