Smoking Restrictions in California

Restrictions & Penalties

• Under the California labor code, employers cannot allow employees to smoke tobacco products in any enclosed space within the place of employment. Also, non-employees entering the workplace are similarly not allowed to smoke cigars, cigarettes and other tobacco products. Violators can be subjected to a fine of up to $100 for a first violation, $200 for a second violation occurring within one year, and $500 for a third and subsequent violations, if it occurs within a year.
  
  

Exceptions

• Certain types of workplaces are exempt from the state's smoking restrictions, including certain businesses with five employees or less; lobby areas of hotels and motels that are designed for smoking; tobacco shops; private smokers lounges; smoking areas for patients in long-term health care facilities; company break rooms that are specifically designated for smoking; and warehouses with over 100,000 square feet of floor space.
  
  

Local Laws

• The state law supersedes any and all municipal regulations, laws and ordinances governing smoking. But the law doesn't supersede local authorities from regulating businesses that are exempt from the state law. The state law also allows local authorities pass more restrictive laws governing workplace smoking, and multiple cities, including Los Angeles, have more restrictive measures, such as a ban on smoking in outdoor dining areas.
  
  

Compliance Measures

• Workplaces that fall under the state's smoking restrictions are required to take certain measures to comply with the law, including posting no smoking signs at the entrances to building where smoking is completely banned; and placing signs that state that smoking is only allowed in certain areas at the entrances to buildings where smoking's allowed in designated locations in the workplace.