Office Management & HR
Learn more about the resources available for Office & HR.
Filed under Office & HR.
Employers in Hawaii must comply with these state rules regulating smoking in the workplace.
Hawaii prohibits smoking in all enclosed or partially enclosed areas, including in all enclosed or partially enclosed areas of places of employment.
Employers covered: Employer means a person, business, partnership, association, corporation, including the state or any of its political subdivisions, a trust or nonprofit entity that employs the services of one or more individual persons, but does not include the United States.
Written policy requirements: Employer policy not specified.
Posting requirements: Smoking is prohibited in any place in which a sign conforming to the following requirements is posted. Clearly legible signs that include the words Smoking Prohibited By Law with letters of not less than one inch in height or the international "No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, must be clearly and conspicuously posted in and at the entrance to every place open to the public and place of employment where smoking is prohibited by law by the owner, operator, manager, or other person in control of that place.
No smoking areas: Smoking is prohibited in all enclosed or partially enclosed areas, including buildings and vehicles owned, leased, or operated by the state or any county. Smoking is prohibited in all enclosed or partially enclosed areas open to the public and all enclosed or partially enclosed areas of places of employment. Smoking is also prohibited in the enclosed and partially enclosed areas and in seating areas of sports arenas, outdoor arenas, stadiums and amphitheaters.
Smoking is prohibited within a presumptively reasonable minimum distance of 20 feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed or partially enclosed area where smoking is prohibited. Owners, operators, managers, employers, or other persons who own or control a place open to the public or place of employment may seek to rebut the presumption that 20 feet is a reasonable distance by submitting an application to the Department of Health. The presumption is rebutted if the applicant can show by clear and convincing evidence that given the circumstances presented by the location of entrances, exits, windows that open, ventilation intakes, or other factors, smoke will not infiltrate into the place open to the public or place of employment.
Permitted smoking areas: The following areas are generally exempt from the general smoking ban: