Bill Text: CA SB575 | 2011-2012 | Regular Session | Amended
Bill Title: Smoking in the workplace.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2012-06-28 - Set, second hearing. Held in committee without recommendation. [SB575 Detail]
Download: California-2011-SB575-Amended.html
BILL NUMBER: SB 575 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 31, 2011
AMENDED IN SENATE APRIL 6, 2011
INTRODUCED BY Senator DeSaulnier
(Principal coauthor: Assembly Member Hill)
( Coauthor: Senator Padilla
)
FEBRUARY 17, 2011
An act to amend Section 6404.5 of the Labor Code, relating to
employment.
LEGISLATIVE COUNSEL'S DIGEST
SB 575, as amended, DeSaulnier. Smoking in the workplace.
Existing law prohibits smoking of tobacco products inside an
enclosed space, as defined, at a place of employment. The violation
of the prohibition against smoking in enclosed spaces of places of
employment is an infraction punishable by a specified fine.
This bill would expand the prohibition on smoking in a place of
employment to include an owner-operated business, as defined.
This bill would also eliminate most of the specified exemptions
that permit smoking in certain work environments, such as hotel
lobbies, bars and taverns, tobacco shops, banquet
rooms, warehouse facilities, private residences used as family day
care homes, and employee break rooms.
By expanding the scope of an infraction, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6404.5 of the Labor Code is amended to read:
6404.5. (a) The Legislature finds and declares that regulation of
smoking in the workplace is a matter of statewide interest and
concern. It is the intent of the Legislature in enacting this section
to prohibit the smoking of tobacco products in all (100 percent of)
enclosed places of employment in this state, as covered by this
section, thereby eliminating the need of local governments to enact
workplace smoking restrictions within their respective jurisdictions.
It is further the intent of the Legislature to create a uniform
statewide standard to restrict and prohibit the smoking of tobacco
products in enclosed places of employment, as specified in this
section, in order to reduce employee exposure to environmental
tobacco smoke to a level that will prevent anything other than
insignificantly harmful effects to exposed employees, and also to
eliminate the confusion and hardship that can result from enactment
or enforcement of disparate local workplace smoking restrictions.
Notwithstanding any other provision of this section, it is the intent
of the Legislature that any area not defined as a "place of
employment" pursuant to subdivision (e) shall be subject to local
regulation of smoking of tobacco products.
(b) For purposes of this section, an "owner-operated business"
shall mean a business having no employees, independent contractors,
or volunteers, in which the owner-operator of the business is the
only worker. "Enclosed space" includes covered parking lots and
lobbies, lounges, waiting areas, elevators, stairwells, and restrooms
that are a structural part of the building and not specifically
defined in subdivision (e).
(c) No employer or owner-operated business shall knowingly or
intentionally permit, and no person shall engage in, the smoking of
tobacco products in an enclosed space at a place of employment or
owner-operated business.
(d) For purposes of this section, an employer or owner-operated
business who permits any nonemployee access to his or her place of
employment or owner-operated business on a regular basis has not
acted knowingly or intentionally in violation of this section if he
or she has taken the following reasonable steps to prevent smoking by
a nonemployee:
(1) Posted clear and prominent signs, as follows:
(A) Where smoking is prohibited throughout the building or
structure, a sign stating "No smoking" shall be posted at each
entrance to the building or structure.
(B) Where smoking is permitted in designated areas of the building
or structure, a sign stating "Smoking is prohibited except in
designated areas" shall be posted at each entrance to the building or
structure.
(2) Has requested, when appropriate, that a nonemployee who is
smoking refrain from smoking in the enclosed workplace or
owner-operated business.
For purposes of this subdivision, "reasonable steps" does not
include (A) the physical ejection of a nonemployee from the place of
employment or owner-operated business or (B) any requirement for
making a request to a nonemployee to refrain from smoking, under
circumstances involving a risk of physical harm to the employer or
any employee or owner-operator.
(e) For purposes of this section, "place of employment" does not
include any of the following:
(1) Twenty percent of the guestroom accommodations in a hotel,
motel, or similar transient lodging establishment.
(2) Cabs of motortrucks, as defined in Section 410 of the Vehicle
Code, or truck tractors, as defined in Section 655 of the Vehicle
Code, if no nonsmoking employees are present.
(3) Theatrical production sites, if smoking is an integral part of
the story in the theatrical production.
(4) Medical research or treatment sites, if smoking is integral to
the research and treatment being conducted.
(5) Private residences, except for private residences licensed as
family day care homes during the hours of operation as family
day care homes .
(6) Retail or wholesale tobacco shops and private smokers'
lounges. For purposes of this paragraph:
(A) "Private smokers' lounge" means any enclosed area in or
attached to a retail or wholesale tobacco shop that is dedicated to
the use of tobacco products, including, but not limited to, cigars
and pipes.
(B) "Retail or wholesale tobacco shop" means any business
establishment the main purpose of which is the sale of tobacco
products, including, but not limited to, cigars, pipe tobacco, and
smoking accessories.
(f) The smoking prohibition set forth in this section shall
constitute a uniform statewide standard for regulating the smoking of
tobacco products in enclosed places of employment and owner-operated
businesses and shall supersede and render unnecessary the local
enactment or enforcement of local ordinances regulating the smoking
of tobacco products in enclosed places of employment and
owner-operated businesses. Insofar as the smoking prohibition set
forth in this section is applicable to all (100-percent) places of
employment and owner-operated businesses within this state and,
therefore, provides the maximum degree of coverage, the practical
effect of this section is to eliminate the need of local governments
to enact enclosed workplace smoking restrictions within their
respective jurisdictions.
(g) Nothing in this section shall prohibit an employer or
owner-operated business from prohibiting smoking in an enclosed place
of employment or owner-operated business for any reason.
(h) The enactment of local regulation of smoking of tobacco
products in enclosed places of employment or owner-operated
businesses by local governments shall be suspended only for as long
as, and to the extent that, the (100-percent) smoking prohibition
provided for in this section remains in effect. In the event this
section is repealed or modified by subsequent legislative or judicial
action so that the (100-percent) smoking prohibition is no longer
applicable to all enclosed places of employment and owner-operated
businesses in California, local governments shall have the full right
and authority to enforce previously enacted, and to enact and
enforce new, restrictions on the smoking of tobacco products in
enclosed places of employment and owner-operated businesses within
their jurisdictions, including a complete prohibition of smoking.
Notwithstanding any other provision of this section, any area not
defined as a "place of employment" or in which smoking is not
regulated pursuant to subdivision (e), shall be subject to local
regulation of smoking of tobacco products.
(i) Any violation of the prohibition set forth in subdivision (c)
is an infraction, punishable by a fine not to exceed one hundred
dollars ($100) for a first violation, two hundred dollars ($200) for
a second violation within one year, and five hundred dollars ($500)
for a third and for each subsequent violation within one year. This
subdivision shall be enforced by local law enforcement agencies,
including, but not limited to, local health departments, as
determined by the local governing body.
(j) Notwithstanding Section 6309, the division is not required to
respond to any complaint regarding the smoking of tobacco products in
an enclosed space at a place of employment, unless the employer has
been found guilty pursuant to subdivision (i) of a third violation of
subdivision (c) within the previous year.
(k) If any provision of this section or the application thereof to
any person or circumstances is held invalid, that invalidity shall
not affect other provisions or applications of the section that can
be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
