Client Alert - Employment Law Update
New Illinois Smoking Ban
On July 23, 2007, Governor Rod Blagojevich signed into law the Smoke Free Illinois Act, which replaces the Illinois Clean Indoor Air Act of 1990 and supercedes the Chicago Clean Indoor Air Ordinance of 2005. The new law takes effect January 1, 2008, and will affect practically all Illinois employers.
Scope and Effect
Currently, smoking in public places is permitted in designated areas, and there are no restrictions on smoking in private workplaces not frequented by the general public. However, under the new law, smoking in Illinois will be prohibited in practically all public places and places of employment, and within fifteen feet of entrances to such places. Under the new law, smoking will only be allowed in: (1) private residences not used as a home-based business open to the public; (2) certain retail tobacco stores; (3) private rooms in long-term care facilities; and (4) designated rooms in hotels and motels. In addition, no smoking signs must be posted.
Enforcement and Penalties
The Department of Health will be charged with enforcement of the new law. Individuals who smoke in violation of the Act will be fined not less than $100 or more than $250 for each violation. Employers that are found to have violated the new law will be fined not less than $250 for a first violation, $500 for a second violation, and not less than $2,500 for each additional violation within a year.
What to Do
Illinois employers should post signs designating non-smoking areas, remove ashtrays, mark the 15-foot boundary around entrances, and advise employees of the new smoking restrictions.
If you have any questions about how this legislative enactment will affect your business, please contact Mr. Gonzalez at 312-558-9779 or at egonzalez@elvisgonzalezltd.com.
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