Overview: Alaska Statute 18.35.300 prohibits smoking in an enclosed area in places of employment and public places.

Effective Date: October 1, 2018

Details:

Alaska Statute 18.35.300 affirmatively prohibits smoking in most public places, including enclosed areas in places of employment. “Place of employment” means work areas, private offices, hotel and motel rooms, employee lounges, restrooms, conference rooms, classrooms, cafeterias, hallways, vehicles and other employee work areas that are under the control of an employer, including employer-owned vehicles. The law also prohibits smoking outdoors at a place of employment that has declared its entire campus to be smoke-free, and within 20 feet of an entrance, open window, or heating or ventilation system air intake vent at an enclosed area at a place where smoking is prohibited.

An employer may provide a stand-alone shelter for smoking purposes, located a certain distance away from the remainder of the work facilities. However, an employer may not require an employee, customer or other person to enter such a shelter for any purpose other than smoking.

E-cigarettes, other oral smoking devices, cigars, cigarettes, pipes and tobacco or plant products intended for inhalation are all included in the law’s definition of smoking.

Exceptions

The law permits an owner or operator to determine whether smoking is allowed in certain retail tobacco or e-cigarette stores. Additionally, the law allows an owner or operator to determine whether smoking is allowed in a vehicle that is a place of employment, when the vehicle is used exclusively by one person.

Postings

An employer or other person that is in charge of a place or vehicle where smoking is prohibited must display in the place or vehicle a sign that:

• States “Smoking Prohibited by Law—Fine $50”;
• Includes the international symbol for no smoking; or
• Includes the words “No Puffin” with a picture of a puffin holding a burning cigarette enclosed in a red circle crossed with a red bar.

Similarly, an employer or other person that is in charge of a building where smoking is prohibited within a certain distance from entrances must conspicuously display a sign that states “Smoking within (number of feet) Feet of Entrance Prohibited by Law—Fine $50” that is visible from the outside of each building entrance.

Retaliation and Enforcement

Under the law, an employer may not retaliate against an employee because the employee cooperates with or initiates enforcement of one of the law’s requirements. Additionally, the law sets forth a series of fines for violations, which range from $50 to $500.

Call to Action: Employers in Alaska should ensure all work sites have appropriate no-smoking signs posted, notify all employees that smoking is prohibited in the workplace and revise and revise smoking policies, if any.

Please be sure to contact your Service Team if you have any questions.

This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice