CLIENT ALERT / Maine Employers Required to Have Written Smoking Policy Print

The Maine Legislature in its last session amended the “Workplace Smoking Act of 1985,” 22 M.R.S.A. §1580-A, to require all employers with one or more employees to establish a written policy concerning smoking and nonsmoking by employees in that portion of the business facility for which the employer is responsible. The amendment went into effect on September 12, 2009.  The policy must: 1) prohibit smoking indoors; 2) prevent environmental tobacco smoke from circulating into enclosed areas; and 3) prohibit smoking outdoors except in designated smoking areas.  The policy may prohibit smoking throughout the business facility, including outdoor areas.  The employer is required to post the policy and supervise its implementation and must provide a copy of the policy to any employee who requests it.  This policy does not apply to any business that operates out of the employer’s personal residence. 

Violation of §1580-A is a civil violation that may subject the employer to a fine of not more than $100, except that a fine of $1500 may be adjudged if the employer has engaged in a pattern of conduct that demonstrates a lack of good faith in complying with the requirements of the section. 

If you would like assistance in drafting your company’s Smoking Policy, please contact any of the attorneys at Taylor McCormack & Frame. 

If you have any questions about this or any legal matter,
please don’t hesitate to contact the attorneys at Taylor, McCormack & Frame.

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