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Workplace Smoking Rules in South Dakota

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

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

Smoking is prohibited in private and public places of employment, with certain specified exceptions.

Employers covered: Employers with one or more employees.

Written policy requirements: Written employer policy not specified, but any person who owns, manages, operates, or otherwise controls a public place or place of employment must inform violators that smoking tobacco or carrying a lighted tobacco product in such places is prohibited.

Posting requirements: No smoking signs must be posted at building entrances and exits where smoking is prohibited. Any sleeping room of a hotel or lodging establishment in which smoking is allowed must be posted as a smoking room.

No smoking areas: A person may not smoke tobacco or carry any lighted tobacco product in any public place or place of employment. This includes any enclosed area under the control of an employer, and any enclosed area to which the public is invited or in which the public is permitted.

Permitted smoking areas: The smoking prohibitions do not apply to:

  • a private residence, unless the private residence is used for day care
  • sleeping rooms in a hotel or lodging establishment
  • businesses having certain alcoholic beverage licenses that generate ten percent or more of their annual gross income from the sale of cigars
  • retail tobacco stores that meet certain requirements

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