On September 11, 2008, Pennsylvanians will be able to breathe easier as the Clean Indoor Air Act officially takes effect.  The “Clean Indoor Air Act” (“CIAA”) was signed into law by Governor Rendell on June 13, 2008 and prohibits smoking in certain “public places.”  As the date of implementation draws near, owners, operators, and managers of the “public places” regulated by the CIAA must prepare themselves to fully comply with the CIAA. 

There are two basic things an owner, operator, or manager must do to comply with the CIAA:  (1) Know the law; and (2) Inform employees and customers.  All owners are encouraged to download the Compliance Toolkit ("Toolkit") and/or the Business Brochure ("Brochure") for further guidance on compliance with the CIAA.  There is also a toll-free CIAA Helpline at 1-877-835-9535 to address more specific concerns.

The CIAA generally prohibits an individual from smoking in a “public place.”  “Public place” is defined as “an enclosed area which serves as a workplace, commercial establishment or an area where the public is invited or permitted.”  This definition includes:  schools, restaurants and bars, healthcare facilities, vehicles used for mass transit, mass transportation stations, child or adult daycare facilities (both public and private), sports or recreational facilities, and theaters or performance establishments.  The CIAA further defines “workplace” as an “indoor area serving as a place of employment, occupation, business, trade, craft, professional or volunteer activity.”  Place of employment is any area an employee uses for work, which includes offices, meeting rooms, restrooms, break rooms/cafeterias, stairways, hallways, garages, and basically any other enclosed area used for work purposes.  Therefore, almost every business owner, service provider and landlord should be aware of this Act and its requirements.

The most important aspect of compliance is the Signage requirement, found in Section 4 of the CIAA.  “Smoking” or “No Smoking” signs or a no smoking symbol sign must be “prominently posted” and “properly maintained” in areas where smoking is regulated.  The responsibility to post and maintain signs falls solely on the owner or person having control of the regulated area and, importantly, failure to post signs is a violation that may result in penalties ranging from $250 to $1,000, depending on the frequency of reported violations.  “No Smoking” signs designed specially for use in Pennsylvania are included in the Toolkit and also may be downloaded free of charge at PACTonline.org (click on the “Implementation” box). 

It is also recommended that all workplaces affected by the CIAA adopt a smoke-free policy for distribution to employees.  Business owners have a duty to inform employees that they are not permitted to smoke in or near any enclosed areas in their place of employment, and removal of ashtrays and cigarette receptacles is encouraged.  While smoking may be permitted outside of the workplace at the discretion of the employer, the smoking area must be a reasonable distance from the entrance of at least twenty (20) feet. 

In addition to ensuring that employees comply with the CIAA, owners also have a duty to instruct customers to abide by the law.  It is a violation of the CIAA to “permit smoking in a public place where smoking is prohibited.”  For example, when an owner observes a customer who is smoking inside the building, the owner must ask the customer to either stop smoking or leave the premises.  If the customer refuses to stop smoking, the owner is advised to inform the customer about the CIAA and point to a posted sign.  Each workplace is responsible for creating its own policy on how to deal with difficult customers and is expected to communicate this policy to all employees.  Employers have an incentive to implement this type of policy because failure to enforce the non-smoking laws could result in a fine and a summary offense.

Compliance with the CIAA is required by September 11, 2008. Of course, any failure to meet the compliance date should be addressed by an owner, operator, or manager by acting immediately and incorporating the CIAA requirements as soon as possible.  Any questions regarding the CIAA or implementation of it should be forwarded to Kathleen D. Bruder or Kevin Gold of Rhoads & Sinon’s Labor & Employment Department at kbruder@rhoads-sinon.com or kgold@rhoads-sinon.com