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Workplace Smoking Rules in North Dakota

Filed under Office & HR.

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

General provision. Smoking is prohibited in enclosed areas of public places and places of employment.

The use of electronic cigarettes is included in the definition of smoking.

Employers covered. Employers with one or more employees.

Written policy requirements. The owner, manager or person in control of the public place or place of employment must communicate to all existing employees and to all prospective employees upon their application for employment that smoking is prohibited.

Posting requirements. The owner, operator, manager or other person in control of a public place or place of employment where smoking is prohibited must clearly and conspicuously post:

  • "No Smoking" signs or the international no smoking symbol in that place
  • at every entrance to that place, a sign stating that smoking is prohibited
  • on every vehicle that constitutes a place of employment at least one sign, visible from the vehicle’s exterior, stating that smoking is prohibited.

No smoking areas. Smoking is prohibited in all enclosed areas of public places and places of employment. Places of employment are areas under the control of an employer that employees normally frequent during the course of employment, including:

  • work areas
  • auditoriums
  • classrooms
  • conference rooms
  • elevators
  • employee cafeterias
  • employee lounges
  • hallways
  • meeting rooms
  • private offices
  • restrooms
  • stairs

Smoking is also prohibited within 20 feet of entrances, exits, operable windows, air intakes, and ventilation systems of enclosed areas in which smoking is not permitted.

Permitted smoking areas. Smoking is permitted in:

  • private residences, except those operating as licensed child care, adult care, or health care facilities
  • outdoor areas of employment, except areas within 20 feet of entrances, exits, operable windows, air intakes and ventilation systems
  • any area not commonly accessible to the public and that is part of an owner-operated business having no employee other than the owner-operator

Smoking as part of a traditional American Indian spiritual or cultural ceremony is not prohibited.

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