What are New York’s Smoking and Vaping Laws in the Workplace?

As an employer, did you know that New York regulates smoking, vaping (i.e., the use of an electronic cigarette), and the use of tobacco? New York’s smoking and vaping laws in the workplace are as follows:

No-Smoking and No-Vaping Requirements

Employers are required to prohibit smoking and vaping in virtually all indoor places of employment, including restaurants and bars. Smoking and vaping generally may be permitted in the following areas and businesses:

• Private homes and private residences when not used for daycare;
• Private automobiles;
• Hotel or motel rooms rented to one or more guests;
• Retail tobacco businesses (primary activity is the retail sale of tobacco products and accessories, and the sale of other products is merely incidental);
• Membership associations where all duties related to the operation of the association are performed by volunteers who are not compensated in any manner;
• Cigar bars in existence prior to January 1, 2003 (where 10 percent or more of total annual gross income is from the sale of tobacco products); and
• Up to 25 percent of seating in outdoor areas of restaurants with no roof or ceiling enclosure, provided that the area is at least three feet away from the outdoor area not designated for smoking and vaping and is clearly designated with signage as a smoking and vaping area.
• Retail electronic cigarette stores (provided that such stores may only permit the use of electronic cigarettes).

Smoking and vaping are allowed in restaurants, bars, hotel and motel conference rooms, catering halls, convention halls, and other similar establishments only when the enclosed areas are being used for the sole purpose of inviting the public to sample tobacco products or electronic cigarettes and serving food and drink are incidental to such purpose. A business establishment may schedule no more than two days in a calendar year for these events.

Special Note: New York City has its own Smoke-Free Air Act.

Posting Requirements

• “No Smoking” signs, “No Vaping” signs, or a sign with the international “no smoking” symbol on it must be prominently posted and properly maintained where smoking and vaping are prohibited.
  • International No Smoking Symbol – PDF format
  • No Smoking Poster in English – PDF format
  • Note: More information (including posters) is available by clicking here.
• An outdoor dining area where smoking and vaping are permitted must be clearly designated with written signage as a smoking and vaping area.
  • Smoking Permitted Poster in English – PDF format
  • Note: More information (including posters) is available by clicking here.
• The owner, operator, or manager of a hotel or motel that chooses to develop and implement a smoking and vaping policy for rooms rented to guests must post a notice at the reception area as to the availability, upon request, of rooms in which no smoking and vaping are allowed.

Get more information about the State of New York’s Clean Indoor Air Act.

Keeping track of all state compliance for employers can be a burden and take up a lot of time. That’s where GTM’s HR solutions come in. Get access to a vast library of HR documents, guides, checklists, and more, plus consultations with HR experts. Request a free quote or contact us to learn more about how we help businesses focus on growth.

Source: “Smoking and Tobacco Use in the Workplace in New York (NY)” by Zywave