President & CEO, Rhode Island Hospitality and Tourism Association
On March 1, 2005, Rhode Island will be the seventh state in the country to go smoke-free in its workplaces. The “Public Health and Workplace Safety Act” bans smoking in virtually all workplaces – from bars and restaurants to offices, malls, sports arenas, movie theaters, museums and even bingo halls.
The rules and regulations for the smoke-free workplace act are available online at http://www.health.ri.gov/hsr/regulations/proposed/smoking_prop.pdf, and copies can be ordered by calling the Rhode Island Department of Health at 401.222.1039. For the sake of “clearing the air” and to help explain the law’s new policies, I thought I’d take this opportunity to answer some of the questions I’ve been hearing most from our members.
Q: Who must go smoke-free, and when?
A. The law is, in essence, an act of workplace safety. So, in the simplest terms, any building that employs people must go smoke-free. This includes almost all hospitality businesses – restaurants, bars, hotel common areas – as well as the restrooms, lobbies and elevators located within the establishments. Businesses must be in compliance by March 1, 2005.
Q: Which businesses are exempt?
A: There are several hospitality businesses that are exempt from the smoke-free workplace law:
- Smoking bars are exempt, but only if they can prove that the revenue generated by tobacco is greater than the total revenue generated by the serving of beverages and food.
- Establishments that operate exclusively under a Class C liquor license (bars) are exempt if they employ less than 10 people. However, their exemption will expire on October 1, 2006.
- Establishments with a Class D liquor license (clubs) that are private, not-for-profit and have a defined membership are also exempt, but only until October 1, 2006.
- The state’s “pari mutual” facilities, Newport Grand and Lincoln Park, are exempt. Under the Act, these facilities must provide designated smoking and nonsmoking gaming areas, ventilation systems, and must allow employees the right to work in a smoke free environment.
- Hotels can allow smoking in what is designated as “smoking rooms,” provided that not more than 50-percent of the rooms are designated as such.
Q: Can a restaurant have smoking on an outdoor patio or deck?
A. Yes. As long as the outdoor area is physically separate from the enclosed workplace, employees and customers may smoke on an outdoor patio or deck.
Q: Who enforces the smoke-free workplace law?
A: There are four entities that are in charge of enforcing the Act: The Rhode Island Department of Health, your local fire department, your customers, and you. The Health Department and local fire departments will be making visits to your establishment to make sure it is in compliance with the new law, and they expect owners, managers, operators and employees at hospitality establishments to stop any customer who lights up in a restricted area.
Customers—or any person who desires to register a complaint—can also enforce the new law. Persons can submit a written letter to the Department of Health, which may trigger an investigation from the Department.
Q: What are the penalties for noncompliance?
A: If the Department of Health determines that your establishment has violated the Act, the first violation will bring a $250 penalty. Businesses will be fined $500 for a second offense, and $1,000 for the third and subsequent offenses. And, if you fail to pay the penalties within 30 days, the fines will double.
Q: What signs do I have to post?
A: The Department of Health will provide establishments with the necessary signage, at cost. The mandatory signs must include on them the well-known symbol for “no smoking” – a cigarette enclosed in a big red circle with a red bar slashed across it. The signs must also contain the following words: “It is illegal to smoke in this establishment. To report a violation call Rhode Island Department of Health: 401.222-3293.” This will make it easier for customers or your employees to call and register complaints, and enforce the law.
Ensure that you obtain enough of the required signs, as it is required that every entrance to your establishment has a conspicuous sign posted.
I hope this quick Q&A session helped to clarify the new workplace smoking law, and will help make it easy for your establishment to stay in compliance. If you have any other questions or concerns, call RIHTA at 401.223.1120.
