The Smoke Free Illinois Act:
A Few Small Changes Will Help You Comply
By Autumn L. Sharp
The Smoke Free Illinois Act—in effect since January 1, 2008—prohibits smoking in all indoor workplaces and public places. This piece of legislation is designed to provide workers in Illinois with a workplace free from second-hand smoke, and allow all Illinois residents the ability to enjoy an evening out without being concerned about second-hand smoke exposure. But how can employers and proprietors ensure that they are doing everything necessary to comply with the law, while at the same time accommodating the needs of their employees and customers who smoke? Fortunately, an employer/proprietor only needs to make a few small changes in order to comply, and can still accommodate smoking employees or customers under the law.
What Are Employers/Proprietors Required to Do?
If you are an employer or the proprietor of a business that would be considered a public place, such as a restaurant or bar, you may not allow smoking within your place of employment or your establishment. In addition, if your employees or customers choose to smoke outside, they must not do so within 15 feet of a door, any windows that open or ventilation intakes. It is also your responsibility to prevent smoke from drifting into your building via those openings. Furthermore, an employer must communicate to all existing employees and all applicants for employment that smoking is prohibited.
Are Physical Changes to the Workplace or Building Necessary?
For starters, all ashtrays must be removed from the premises. Signs must also be prominently posted at all public and employee entrances clearly stating that smoking is prohibited. The Smoke Free Illinois Act further requires that the signs must be at least 5" x 7", must show the international "No Smoking" symbol or the words "No Smoking," and must bear the phone number (1-866-973-4646) and website (www.smoke-free.illinois.gov) for reporting violations. In addition, letters, numbers and symbols must be of sufficient size to be clearly legible to an individual with normal vision from a distance of five feet.
Can Employers/Proprietors Provide an Outdoor Smoking Area?
Outdoor smoking areas are allowed under the Smoke Free Illinois Act, as long as they are located at least 15 feet from all entrances, exits, windows that open and ventilation intakes. Furthermore, an outdoor smoking area must not be a space (exclusive of doorways) between a floor and a ceiling that is enclosed or partially enclosed with solid walls or windows, or solid walls with partitions, that extend from the floor to the ceiling.
How Is the Smoke Free Illinois Act Enforced?
The Illinois Department of Public Health is the state agency responsible for enforcement, but local health departments, local law enforcement and municipalities are also designated enforcement agents. The Illinois Department of Public Health processes complaints, documents violations, and refers complaints to the local health department or local law enforcement for further investigation and the assessment of penalties.
What Are the Penalties and Who Is Responsible?
Both individuals (employees and customers) and the business or establishment can be fined under the Smoke Free Illinois Act. Individual fines range from $100 to $250. Business owners face stiffer penalties, including a minimum of $250 for the first violation, $500 for a second violation occurring within a year of the first and $2,500 for each additional violation within one year.
While a few small but important changes may be necessary, employers and proprietors can comply with the Smoke Free Illinois Act with relative ease—saving themselves money by avoiding penalties under the law, while also accommodating their employees and customers who choose to smoke.
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