Michigan's Smoke-Free Law Goes into Effect May 1 MyFOXdetroit.com Staff Writer UNDATED - On Saturday, May 1, Michigan becomes the 38th state to enact a smoke-free law which bans smoking in all worksites, including bars and restaurants. Cigar bars and tobacco specialty shops that meet certain criteria are exempt, as are gaming floors of Detroit's three casinos. Michigan's Smoke Free FAQ's >> Tips to Help You Quit >> Find more information about the new law at www.michigan.gov/smokefreelaw. If the Internet's not your thing, feel free to call 1-866-59-SMOKE for more information and answers to your questions. More FAQ's Why was the law passed? The Michigan legislature passed the Dr. Ron Davis Smoke-Free Air Law on December 10, 2009 to preserve and improve the health, comfort, and environment of the people of the state by limiting exposure to secondhand smoke. Governor Granholm signed the bill into law on December 18, 2009. When does the law go into effect? May 1, 2010 Will the local regulation/ordinance in my county/city/township still apply? The Dr. Ron Davis Smoke Free Air Act will not serve as the only smoke free law in the state, but it does set forth the minimum requirements for indoor workplaces and public places where smoking is regulated and these minimum standards apply state-wide. The statewide law does the following: (1) establishes where people can smoke and where they can't if your local community is not currently covered by any city or county local law; and (2) ensures that any provisions that are weaker in your local law (compared to the state law) are now made AT LEAST AS STRONG as the statewide law. Where are people not allowed to smoke? Under the new law, smoking is prohibited in public places and food service establishments. A public place means an (i) enclosed indoor area owned or operated by a state or local governmental agency and used by the general public; (ii) an enclosed indoor area used by the general public and is an educational facility, a home for the aged, nursing home, hospice, or hospital long-term care unit, auditorium, arena, theater, museum, concert hall, or any other facility during the period of its use for a performance or exhibit of the arts; (iii) unless otherwise exempted, a place of employment. Place of employment means an enclosed indoor area that contains one or more work area for one or more persons employed by a public or private employer. How are multi-unit apartment buildings and condominium buildings affected by the smoke-free law? All indoor common areas of apartment and condominium buildings must be smoke-free as of May 1, 2010. Living units of apartment and condominium buildings are not covered by the law. However, owners of apartment and condominium buildings are free to adopt smoke-free policies for their buildings which make the entire building smoke-free, including all living units. How is a place of employment defined? A place of employment means an enclosed indoor area that contains one or more work areas for one or more persons employed by a public or private employer. Work area means a site within a place of employment at which one or more employees perform services for an employer. Is my home office exempt from the ban? Yes. You may smoke in a structure used primarily as the residence of the owner or lessee that is also used as an office for the owner/lessee and for no other employees is exempt from the ban. Can I smoke in my private office in a commercial work establishment? No. What do business operators need to do to comply with this law? Business operators shall prohibit smoking in areas where it is not permitted. Compliance is determined by the following: Clearly and conspicuously post “no smoking” signs or the international “no smoking” symbol at each entrance and in other areas where smoking is prohibited under this act. These other areas may include outdoor areas such as patios or rooftops where patrons are intended to receive service or consume food, beverages, or both. Removing ashtrays and other smoking paraphernalia from anywhere where smoking is prohibited. “Smoking paraphernalia” means any equipment, apparatus, or furnishing that is used in or necessary for the activity of smoking. Informing individuals smoking in violation of this act that they are in violation of state law and are subject to penalties. Refusing service to an individual smoking in violation of this act. Asking an individual smoking in violation of this act to refrain from smoking and, if the individual continues to smoke in violation of this act, ask him or her to leave. Where are employees or patrons permitted to smoke? Smoking may be allowed in outdoor areas. How should I respond if someone is smoking in my establishment? You should politely ask the individual to stop smoking and inform them that they are in violation of the Smoke Free Law and they are subject to penalties. If the individual continues to smoke, you should refuse service to that individual and ask him or her to leave. It is recommended that you communicate this incident with your staff and log it into any tracking mechanism your establishment may have to document your actions. How far do people have to be from a building or entrance to smoke? The law is silent on distance requirements. However, please be advised there may be local regulations or ordinances that dictate distance requirements. Where does signage need to be placed? "No Smoking” signs or the international “no smoking” symbol must be clearly and conspicuously posted at all entrances to public places, food service establishments, and casinos subject to the smoke free law. Am I required to provide my employees with a smoking break? No. State law is silent on the issue of mandatory smoking breaks for employees. Are hotel/motel guest rooms included in the smoke free law? Yes. Guest rooms must be smoke free as of May 1, 2010.