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Indiana Bans Smoking in Public

Indiana recently became the 38th state to enact a statewide ban on smoking in most public places. The law takes effect on July 1, 2012. Here’s the lowdown on what that means for your business.

Scope

Posting Requirements

Penalties

Exceptions

More Information

Scope

The law prohibits smoking in the following environments:

  • In all enclosed areas of public places and places of employment
  • Within eight feet of a public entrance to a public place or place of employment
  • In vehicles owned, leased, or operated by the state if being used for a governmental function
  • On school buses that are being used to transport children to school or school functions

Posting Requirements

Any public place where smoking is permitted must post conspicuous warning signs to that effect. In addition, there are also posting requirements for the owners or operators of restaurants where smoking is prohibited. Employers must inform current and prospective employees of the smoking prohibitions that apply.

Penalties

Failure to follow the law can result if a Class B infraction. If the person has committed at least three prior infractions, he or she commits a Class A infraction. This is true of both those who smoke illegally, and for owners, managers, or officials in charge of a public place who either fails to stop illegal smokers or have them removed.

Exceptions

The state law provides for numerous exceptions to the rule, including gambling facilities and certain bars and restaurants, private clubs, and other businesses. If your local government enacts a more restrictive ordinance, however, you must follow the stricter requirements. Also, as a private employer in Indiana, you may prohibit smoking anywhere on your property, no matter what your business.

More Information

Should you have any questions about Indiana’s new smoking ban, please contact us for additional information.

Posted in: HRvest
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