Sec. 31-40q. Smoking in the workplace.
Designation of smoking rooms. (a) As used in this section:
"Person" means one or more individuals, partnerships, associations,
corporations, limited liability companies, business trusts, legal
representatives or any organized group of persons.
"Employer" means a person engaged in business who has employees, including the
state and any political subdivision thereof.
"Employee" means any person engaged in service to an employer in the business of
"Business facility" means a structurally enclosed location or portion thereof at
which employees perform services for their employer. The term "business
facility" does not include: (A) Facilities listed in subparagraph (A), (C) or
(G) of subdivision (2) of subsection (b) of section 19a-342; (B) any
establishment with a permit for the sale of alcoholic liquor pursuant to section
30-23 issued on or before May 1, 2003; (C) for any business that is engaged in
the testing or development of tobacco or tobacco products, the areas of such
business designated for such testing or development; or (D) during the period
from October 1, 2003, to April 1, 2004, establishments with a permit issued for
the sale of alcoholic liquor pursuant to section 30-22a or 30-26 or the bar area
of a bowling establishment holding a permit pursuant to subsection (a) of
"Smoking" means the burning of a lighted cigar, cigarette, pipe or any other
matter or substance which contains tobacco.
employer with fewer than five employees in a business facility shall establish
one or more work areas, sufficient to accommodate nonsmokers who request to
utilize such an area, within each business facility under his control, where
smoking is prohibited. The employer shall clearly designate the existence and
boundaries of each nonsmoking area by posting signs which can be readily seen by
employees and visitors. In the areas within the business facility where smoking
is permitted, existing physical barriers and ventilation systems shall be used
to the extent practicable to minimize the effect of smoking in adjacent
Each employer with five or more employees shall prohibit smoking in any
business facility under said employer's control, except that an employer may
designate one or more smoking rooms.
employer that provides a smoking room pursuant to this subsection shall provide
sufficient nonsmoking break rooms for nonsmoking employees.
smoking room designated by an employer pursuant to this subsection shall meet
the following requirements: (A) Air from the smoking room shall be exhausted
directly to the outside by an exhaust fan, and no air from such room shall be
recirculated to other parts of the building; (B) the employer shall comply with
any ventilation standard adopted by (i) the Commissioner of Labor pursuant to
chapter 571, (ii) the United States Secretary of Labor under the authority of
the Occupational Safety and Health Act of 1970, as from time to time amended, or
(iii) the federal Environmental Protection Agency; (C) such room shall be
located in a nonwork area, where no employee, as part of his or her work
responsibilities, is required to enter, except such work responsibilities shall
not include any custodial or maintenance work carried out in the smoking room
when it is unoccupied; and (D) such room shall be for the use of employees only.
Nothing in this section may be construed to prohibit an employer from
designating an entire business facility as a nonsmoking area.