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Workplace Smoking Rules in Colorado

Filed under Office & HR.

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

The Colorado Clean Indoor Air Act prohibits smoking in indoor enclosed areas.

Employers covered: Employers with one or more employees; or for a place of employment that is not open to the public, employers with three or fewer employees.

Written policy requirements: Employer policy not specified.

Posting requirements: The owner or manager of a place, including places exempt from the Act, may post signs prohibiting smoking or providing smoking or nonsmoking areas. Such posting will have the effect of including such a place, or the designated nonsmoking part of the place, in the places where smoking is prohibited or restricted pursuant to the Colorado Clean Indoor Air Act.

If the owner or manager of a place, including places exempt from the Act, is an employer and receives a request from an employee to create a smoke-free work area, the owner or manager shall post a sign or signs in the smoke-free work area.

No smoking areas: Smoking is not permitted and no person may smoke in any indoor area including any place of employment that is not specifically exempted. Employers who own facilities exempted from the Act shall provide a smoke-free work area for each employee requesting not to have to breathe environmental tobacco smoke. Every employee shall have a right to work in an area free of environmental tobacco smoke.

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

  • private homes, private residences, and private automobiles, except if being used for child care or day care or if a private vehicle is being used for the public transportation of children or as part of health care or day care transportation
  • limousines under private hire
  • a hotel or motel room rented to one or more guests if the total percentage of such rooms does not exceed 25 percent
  • any retail tobacco business
  • a cigar-tobacco bar
  • an airport smoking concession
  • the outdoor area of any business
  • a place of employment that is not open to the public and that is under the control of an employer that employs three or fewer employees
  • a private, nonresidential building on a farm or ranch that has annual gross income of less than $500,000
  • the areas of assisted living facilities that are designated for smoking for residents, that are fully enclosed and ventilated, and to which access is restricted to the residents and their guests

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