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Tennessee Non-Smoker Protection Act Effective October 1, 2007
On October 1, 2007, the Tennessee Non-Smoker Protection Act took effect, prohibiting smoking in all enclosed public places in the State of Tennessee. The Act specifically prohibits smoking in any "place of employment," which is defined as "an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles." Areas not fully enclosed, such as patios and sidewalks are not subject to the Act. The Act contains a number of other exemptions, including age-restricted venues, smoking-designated hotel rooms, private clubs, and retail tobacco stores.
In addition to requiring the maintenance of a non-smoking environment, the Act requires employers to take a number of proactive steps to protect non-smokers. Employers are required to communicate the smoking prohibition to all existing employees and job applicants, place "No Smoking" signs at every entrance of a space in which smoking is prohibited, and inform any smokers (employees or otherwise) who violate the Act of the Act's relevant provisions.
Employers who are found to have knowingly violated the Act are subject to the following penalties: (1) a written warning for the first violation in any 12-month period; (2) a $100 fine for a second violation in any 12-month period; and (3) a $500 fine for a third or subsequent violation in any 12-month period.
The Tennessee Non-Smoker Protection Act contains a number of important provisions (and exceptions) applicable to employers. Employers who are unsure whether they are in full compliance with the Act should contact a qualified employment law attorney. |
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