THE SMOKE FREEILLINOIS ACT TOOK EFFECT JANUARY 1, 2008
It’s now the law but the regulations (the detailed procedures to comply with the law) have not been finalized.In the meantime, the Smoke Free Illinois Act went into effect on January 1st.
The following information (based on the proposed regulations) will assist our members in understanding the Smoke Free Illinois Act, as well as provide recommendations to aid in complying with the law. When the final regulations are issued by the State, PII will advise our members of any changes or new requirements.
If you have questions about the Smoke Free Illinois Act, please contact Joanne Rock, Executive Vice President, PII, at 312-580-3032 or
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Let’s get started…
The Facts, Ma’am, Just the Facts
As of Tuesday, January 1, 2008, no smoking will be allowed in public places, places of employment and governmental vehicles, unless specifically exempted.(Public Act 95-0017)
Does this mean that I can’t even smoke in my own home?
While the smoking ban includes private spaces, you are allowed to smoke in your own home—as they say ‘A man’s home is his castle.’However, refer to the next question for limitations on smoking in the home.
So, where can people smoke indoors?
The Act specifies just a handful of places where smoking will be allowed:
As stated above, smoking is allowed in private residences or dwelling places, except when the residence is used as a child care, adult day care, or health care facility or any other home-based business open to the public.
Retail tobacco stores in operation prior to January 1, 2008 may permit smoking.
Smoking is permitted in private and semi-private rooms in nursing homes and long-term care facilities occupied by one or more persons, with certain restrictions.
Smoking is allowed in hotel and motel rooms designated as smoking rooms, again, with restrictions.
There are already No Smoking laws on the books all over the state—what does this law do?
The Smoke Free Illinois Act (the Act) supersedes all local and state laws (unless those laws are more stringent than the Act).
So, how does this law actually apply to my graphic arts company?
If your facility is located in Illinois, then the Act applies to you—no smoking will be allowed in your facility as of January 1, 2008.Even if your employees all agree that they want to allow smoking in a certain area of your company, it’s against the law.
Who’s going to report me if someone smokes in my building?
A complaint may be filed by anyone witnessing a violation of the law.This could be an employee or a visitor to your company. The state’s made it pretty easy to report a violation. A person can call the Illinois Department of Public Health at 866-973-4646 or get a complaint form online at www.smoke-free.illinois.gov. The Illinois Department of Public Health, local public health departments, and local law enforcement agencies are required to enforce the Act and have the power to assess fines for violations.
What sort of fines are we looking at here?
The fines can add up fast – each day that a violation occurs is a separate violation. A person who smokes in a prohibited area is looking at a fine from $100 to $250. A person who controls a public place or place of employment that violates the Act will be finedat least $250 for the first violation, at least $500 for the second violation within one year after the first violation, and at least $2,500 for each additional violation within one year after the first violation. (Still with us? Let’s say employee Jane complains to the Illinois Department of Public Health that employee Sally smoked in a prohibited area in your plant on January 2nd, 3rd, 4th and 5th. That’s four days of violations. Sally is looking at $400 to $1,000 in fines.The company owner/manager is looking at least $250 + $500 + $2,500 + $2,500 or $5,750 in fines.
That’s ridiculous!I can’t watch each and every employee every hour of the day!
You’re right and this is one of the reasons why the regulations on how to comply with the Act haven’t been finalized. There are many issues surrounding the realities of proving a complaint, who is responsible (what if the owner/manager of the company isn’t onsite when the violation takes place?), how long it will take for an official to investigate the complaint, and more.Bars and restaurants are having the most difficulty with the enforcement aspects of the Act.
We’ve been smoke-free for years at our plant—do we have to do anything new?
Maybe. The Act specifies signage requirements and mandates no smoking within 15 feet of any entrance to your facility.Every entry door to your company is required to have a No Smoking sign posted on the door. We recommend posting that sign on both the outside and inside of all of your entrances.
The sign must be at least 5”x7”, say “No Smoking” and/or show the international No Smoking symbol. The sign must also show the Illinois Department of Public Health’s phone number to make a complaint, the Department’s website to get a complaint form and be clearly legible from five feet.You may create your own signs or purchase them from a vendor. PII has a sample No Smoking sign here. We have also provided the sample sign in Spanish available here although this not required by the law or included in the proposed rules.And, all ashtrays must be removed from your building. By the way, you can prohibit smoking on your entire property, including outdoors, provided signs are conspicuously posted (again, be sure to remove all ashtrays).
We do have smokers on staff; do I have to allow them smoke breaks?
First, there is no state law that says you have to provide breaks to your employees, whether they smoke or not. If you do want to permit smoke breaks, an employee who wishes to smoke must exit the building and smoke at least 15 feet away from any entrance doors, ventilation intakes or windows.
What should I do about the employees who don’t smoke and are annoyed because the smokers are taking breaks?
The law doesn’t address this human relations issue. You could allow non-smoking employees the same break as the smokers get – they can go outside too.If you do allow regular breaks, then some employees may choose to go outside to smoke; some employees may choose to take their break in the building.
Do I need to have an official company smoking policy now?
Because this is a statewide law, you do not necessarily need to establish a smoking policy.However, you may want to communicate to your employees that violation of the smoking ban will result in disciplinary action. A sample No Smoking policy is available here. (http://www.pii.org/library/smoke-free/no-smoking-policy-sample.doc)
Are there any resources to help my company go smoke free?
The American Cancer Society has published a guide Making Your Workplace Smokefree. You may download the .pdf here. (http://www.pii.org/library/smoke-free/making-your-workplace-smokefree.pdf)
What do I do about customers, truck drivers and other people who come to my plant?
You will have posted No Smoking signs on all of your entry doors as notice to visitors.If someone should be smoking, advise them that your building is a No Smoking facility, in accordance with state law, and they must extinguish their cigarette (pipe, etc.).Be aware that the no smoking ban includes your loading dock—those doors open into your facility. We suggest that you post No Smoking signs next to the overhead doors in addition to the required signage on the entry door to the shipping/receiving area.
Who can answer my questions?
at the State
Illinois Department of Public Health 535 West Jefferson Street Springfield, Illinois62761 Phone 217-782-4977 Fax 217-782-3987 TTY 800-547-0466
at PII
Joanne Rock Executive Vice President Printing Industry of IL/IN Association 70 East Lake Street, Suite 540 Phone 312-580-3032 Fax 312-704-5025 Email
To review the Illinois Smoke Free Act, P.A. 95-0017, click here.
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