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Workplace Smoking Rules in New York

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

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

In New York, smoking is prohibited in indoor areas, including places of employment, with certain limited exceptions.

Employers covered: Employers with one or more employees.

Written policy requirements: Written policy requirements not specified.

Posting requirements: Signs reading "Smoking" or "No Smoking" or have the international "No Smoking" symbol must be prominently posted and maintained by the owner, manager or operator of an area where smoking is regulated by law.

No smoking areas: Smoking is prohibited in indoor areas, including places of employment and the following areas:

  • bars
  • food service establishments
  • enclosed indoor areas open to the public with a swimming pool
  • any facility that provides child care (except a private residence when children are not present)
  • child day care centers
  • indoor facilities
  • commercial establishments used for the purpose of carrying on or exercising any trade, profession, vocation or charitable activity
  • public means of mass transportation, including taxicabs and limousines and outdoor subway platforms, train ticketing, boarding or platform areas of certain railroad stations

Permitted smoking areas: The following are excepted from the indoor smoking prohibitions:

  • private homes, residences and automobiles
  • hotel and motel rooms rented to one or more guests
  • retail tobacco businesses
  • membership associations
  • certain cigar bars
  • outdoor dining areas of food service establishments with no roof or other ceiling enclosure
  • enclosed rooms in food service establishments, bars, catering halls, convention halls, hotel and motel conference rooms, and other similar facilities during the time they are being used exclusively for functions where the public is invited for the primary purpose of promoting and sampling tobacco products, and the service of food and drink is incidental

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