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Workplace Smoking Rules in Indiana

Filed under Office & HR.

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

Effective July 1, 2012, smoking is prohibited in public places, places of employment, and in any area within eight feet of a public entrance to a public place or place of employment. Certain limited exceptions apply.

Employers covered: Covers places of employment except for specified exceptions.

Written policy requirements: Employers must inform employees and prospective employees of the smoking prohibition applying to the place of employment.

Posting requirements: The owner, operator, manager, or official in charge of a public place must post conspicuous signs that read "Smoking Is Prohibited By State Law" or other similar language. In addition, the owner, operator, manager, or official in charge of a public place or place of employment must post conspicuous signs at each public entrance that read "State Law Prohibits Smoking Within 8 Feet of this Entrance" or other similar language.

The owner or operator of a restaurant must post a conspicuous sign at each entrance to the restaurant informing the public that smoking is prohibited in the restaurant.

The owner, operator, manager, or official in charge of an establishment or premises in which smoking is allowed must post conspicuous signs in the establishment that read "WARNING: Smoking Is Allowed In This Establishment" or other similar language.

No smoking areas: In Indiana, smoking is prohibited in:

  • public places
  • places of employment
  • areas within eight feet of a public entrance to a public place or a place of employment

Permitted smoking areas: Subject to certain exceptions and conditions, smoking is permitted in:

  • riverboats
  • licensed gambling facilities
  • horse racing facilities
  • licensed satellite facilities
  • establishments owned or leased by a business that was in business and permitted smoking on December 31, 2012, prohibit entry by an individual who is less than 21 years of age, the owner or operator holds a beer, liquor, or wine retailer's permit, the business limits smoking in the establishment to either cigar smoking or smoking with a waterpipe or hookah device, during the preceding calendar year, at least 10 percent of the business's annual gross income was from the sale of cigars and the rental of onsite humidors or the sale of loose tobacco for use in a waterpipe or hookah device, and the person in charge of the business posts conspicuous signs that display the message that cigarette smoking is prohibited
  • tax-exempt clubs or fraternal club activities
  • retail tobacco stores
  • bars and taverns
  • cigar manufacturing facilities that do not offer retail sales
  • the premises of cigar specialty stores with designated smoking rooms
  • the premises of a business that is located in the business owner's private residence if the only employees of the business who work in the residence are the owner and other individuals who reside in the residence

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