Minnesota Bans Indoor Use of E-Cigarettes

Beginning August 1, 2019 in Minnesota, e-cigarettes and vaping will be banned in most indoor workplaces and public places.  As part of the Minnesota Clean Indoor Air Act (MCIAA) that went into effect in 2007, it was amended so that vaping will have the same rules as traditional cigarettes in the state, which means they will no longer be allowed in stores, restaurants, bars, offices or industrial workspaces, or other public spaces.  Local law enforcement will have the authority to issue petty misdemeanor citations to proprietors or individuals who knowing fail to comply with the requirements of the MCIAA.

What does this mean as an employer?

Employers and facility managers play an important role in controlling smoking in their place of business. In general, they are required to:

·         Make reasonable efforts to prevent indoor smoking

·         Post “no smoking” signs

·         Ask person who smoke in prohibited areas to refrain from smoking and to leave if they refuse to do so

·         Use lawful methods consistent with handling disorderly persons or trespassers for any person who refuses to comply after being asked to leave the premises.

·         Refrain from providing ashtrays and other smoking equipment

·         Refuse to serve noncompliant person

 

For more information, visit the Minnesota Department of Health Fact Sheet, or contact our team of attorneys.

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