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Workplace Smoking Rules in New Mexico

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

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

In New Mexico smoking is prohibited in indoor workplaces and public places.

Employers covered: Employers with one or more employees.

Written policy requirements: Written policy not specified.

Posting requirements: Signs must be posted as follows:

  • for all areas of an indoor workplace or public place where smoking is prohibited, a "No Smoking" sign must be posted where it is clear, conspicuous and easily legible in all areas where smoking is prohibited
  • for smoking permitted areas, a "Smoking Permitted" sign must be posted where it is clear, conspicuous and easily legible in all areas where smoking is permitted
  • every restaurant must post at every public entrance to the restaurant a conspicuous sign clearly stating that smoking is prohibited
  • every theater or auditorium owner, operator or manager must conspicuously post signs in the lobby of the facility stating that smoking is prohibited

No smoking areas: The New Mexico Clean Air Act prohibits smoking in indoor public places and indoor workplaces and taxicabs, buses or other means of public transit.

Smoking is prohibited near entrances, windows and ventilation systems of all workplaces and public places where smoking is prohibited.

No part of the state capitol or capitol north can be designated as a smoking-permitted area.

Permitted smoking areas: Smoking is not prohibited in the following:

  • private residences
  • a retail tobacco stores
  • cigar bars
  • manufacturing facilities for tobacco products
  • state-licensed gaming facilities, casinos or bingo parlors
  • indoor workplaces where tobacco smoking is an integral part of a smoking cessation program or of medical or scientific research
  • designated outdoor smoking areas
  • private clubs
  • limousines under private hire
  • hotel and motel rooms rented to guests and designated as smoking-permitted rooms
  • enclosed areas within restaurants, bars, hotel and motel conference or meeting rooms while these places are being used for private functions
  • sites being used in connection with the practice of cultural or ceremonial activities by Native Americans

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