Law Notes: How to Prohibit Smoking in “Enclosed” Places
California Labor Code section 6404.5, the state’s smoke-free workplace law, prohibits smoking in “enclosed” workplaces, but this term is not defined in the law. While common sense may suggest that the existence of four walls and a roof makes a workplace enclosed, a long narrow place with an open front (found at some restaurants) can trap smoke in the back as effectively as if a front wall existed. Similarly, a patio surrounded by four high walls but open to the sky may still trap smoke, especially if the air does not move. Existing legal commentary would not consider these places “enclosed” under state law. Under such an interpretation, the state smokefree workplace law would not apply to these places.
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- Tobacco Laws Affecting California
- Law Notes: How to Prohibit Smoking in Owner-Operated Businesses
- Fact Sheet: How Landlords Can Prohibit Smoking in Rental Housing
- Fact Sheet: Legal Options for Tenants Suffering from Drifting Tobacco Smoke
- Model Ordinance: Smokefree Housing
- Law Notes: How to Prohibit Smoking in Places Operated by Volunteers
- Making a New Smokefree Housing Law Work
- Additional resources to help you implement smokefree housing policies
- Policy Area:
- Secondhand Smoke - Non-Residential Indoor Spaces
- Secondhand Smoke - At Work