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Workplace Smoking Rules in New Hampshire

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

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

In New Hampshire smoking is regulated in all enclosed workplaces and enclosed places accessible to the public.

Employers covered: The New Hampshire Indoor Smoking Act regulates smoking in all enclosed workplaces with four or more workers and enclosed places accessible to the public, regardless of whether publicly or privately owned.

Written policy requirements: Employers are required to have a written smoking in the workplace policy. In addition, they must provide orientation regarding the no-smoking policy for all employees.

Posting requirements: Signs must be appropriately placed in all buildings and facilities regulated under the Indoor Smoking Act. The signs must state the smoking restrictions applicable to the building or facility.

Written policies regarding smoking restrictions should be provided to or posted for all persons who work in or routinely use the facility.

No smoking areas: In New Hampshire, the Indoor Smoking Act regulates smoking in all enclosed workplaces with four or more workers and enclosed places accessible to the public, regardless of whether publicly or privately owned, excepting effectively segregated smoking permitted areas.

If smoking cannot be effectively segregated in any such enclosed place, then smoking must be totally prohibited.

The person in charge may declare a facility non-smoking in its entirety.

Smoking is prohibited in:

  • public educational facilities and child care agencies
  • hospitals and other acute care facilities
  • grocery stores by customers
  • elevators, tramways, gondolas, and other public conveyances
  • restaurants and cocktail lounges
  • enclosed places owned and operated by social, fraternal, or religious organizations when open to the general public

Permitted smoking areas: Except for where smoking is specifically prohibited, smoking is permitted in effectively segregated enclosed workplaces.

Smoking is also permitted in the following:

  • public conveyances rented for private purposes
  • buildings owned and operated by social, fraternal, or religious organizations and not open to the public
  • guest rooms of hotels, motels and resorts
  • ballrooms, conference rooms and halls rented for private use
  • postsecondary dorm rooms in residence halls
  • certain health facilities

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