{"id":15613,"date":"2016-07-21T18:12:38","date_gmt":"2016-07-21T23:12:38","guid":{"rendered":"http:\/\/laborlawblog.wpengine.com\/?p=15613"},"modified":"2016-07-21T18:12:38","modified_gmt":"2016-07-21T23:12:38","slug":"wisconsin-bans-workplace-smoking","status":"publish","type":"post","link":"https:\/\/www.laborlawcenter.com\/education-center\/other\/wisconsin-bans-workplace-smoking\/","title":{"rendered":"Wisconsin Bans Workplace Smoking"},"content":{"rendered":"

The <\/span>Wisconsin smoking ban<\/span><\/a>, which prohibits smoking in virtually every workplace<\/strong>, goes into effect on July 5, 2010. The 2009 Wisconsin Act 12 is more restrictive than many other state smoking bans. It requires business owners to enforce the non-smoking law, and provides greater penalties for business owners who fail to do so.<\/span><\/p>\n

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The <\/span>Wisconsin<\/span><\/a> non-smoking law prohibits smoking<\/strong> indoors in public places, including workplaces with two or more walls. This prohibits smoking in warehouses, auto shops, taverns, restaurants, sports arenas, theaters, private clubs and stores. Smoking is banned in all state and local government offices, all schools, and prisons. The law also bans smoking on public transportation and even in bus shelters. <\/span><\/p>\n

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Restaurants and bars may permit smoking in a designated outdoor area such as a patio or porch, as long as the space has only one wall. The state law permits smoking outdoors, even inches away from an open door or window. <\/span><\/p>\n

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Many states permit<\/strong> residents of nursing homes to smoke in certain designated areas. Wisconsin will not. All hospitals, clinics and nursing homes are included in the smoking ban. <\/span><\/p>\n

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The <\/span>new law<\/span><\/a> repeals an earlier statute that allowed a business owner to designate certain areas where smoking was permitted, such as private offices or an employee break room. Smoking is banned throughout the employer\u2019s building, including cafeterias, break rooms, restrooms, vehicles, elevators and even private offices within a public building. <\/span><\/p>\n

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Under the law, even holding a lit cigarette, pipe or other smoking implement without inhaling or exhaling is smoking. <\/span><\/p>\n

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Wisconsin employers<\/strong> are required to eliminate ashtrays, and to prominently display <\/span><\/span>non-smoking signs and no smoking posters<\/span><\/a>. <\/span><\/p>\n

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In addition, by law the employer must take the following steps to enforce the Wisconsin Smoking Ban<\/a>: <\/span> <\/span><\/p>\n