Smoke Free Ohio

March 26, 2007

Target Segment:

Ohio Smoke Free Workplace Act

On November 7, 2006, the majority of Ohio voters (58.3%) voted to protect all of its citizens from the dangers of exposure to secondhand smoke.

Enforcement of The Smoke Free Workplace Law started on May 3, 2007

The Smoke Free Workplace Law covers all enclosed public places and workplaces. Generally, the law does not apply to homes, cars, or outdoor areas. The Ohio Department of Health (ODH) has designated the local health departments as the local enforcement authorities. Effective May 3, 2007, the Ohio Department of Health adopted rules that outline enforcement procedures. ODH has created a website to explain the law, and set up a hotline to take anonymous complaints. The Cuyahoga County Board of Health has been making businesses aware of the law by providing information and educational forums through our municipal government offices, business owners, operators and associations and the general public about the law, its requirements, and our education and enforcement plan.

The following links provide additional information:

Submit a Smoking Complaint

Smoke Free Ohio Website

Frequently Asked Questions

When did the law take effect?

The Smoke Free Workplace Act became law on Dec. 7, 2006.

Who enforces it?

The Ohio Department of Health (ODH) has designated the local health departments as the local enforcement authorities. Effective May 3, 2007, the Ohio Department of Health adopted rules that outline enforcement procedures.  ODH has created a website to explain the law, and set up a hotline to take anonymous complaints. Interested parties may view the rules by checking the Ohio Department of Health’s website.

(www.odh.ohio.gov).

What places will be smoke-free?

The Smoke Free Workplace Act covers all enclosed public places and workplaces. If an establishment has an employee or invites members of the public to enter, the establishment shall be smoke-free.  Generally, the law does not apply to homes, cars, or outdoor areas.

How far from the building must a smoker stand?

There is no set distance in the law or the rules.  As long as the smoke does not enter the prohibited areas the facility will not be in violation of the rules.

Are there any exemptions?

Private residence, outdoor patios, certain retail tobacco stores, resident-only smoking rooms in nursing homes, up to 20% of sleeping rooms in a hotel.  Please see the summary of the law for more specifics.

Are private clubs exempt?

At this time due to a court ruling, privates clubs are not exempt.

What is a business owner’s responsibility?

No smoking in places of employment or indoor public places
Removing ashtrays and other receptacles for smoking products
Posting acceptable signs with the toll-free number 1-866-559-OHIO (6446)

What happens when the law is violated?

First violation will result in a warning letter. Repeat and subsequent violations will result in fines ranging from $100 to $2,500. Fines can be doubled for intentional violation of this rule.

If I have a question or a complaint once the law goes into effect, who should I call?

You can call your local health department or ODH at 1-866-559-OHIO (6446).

How many other states have similar laws?

15 other states have comprehensive smoke-free laws.



Nothing in this document should be construed as legal advice.