On Election Day, Ohio voters made many decisions regarding candidates and issues. One statewide issue approved by voters was Issue 5 – a voter-initiated statute that implements a statewide smoking ban. Employers must comply with the new law by December 7 or face penalties.

The new statewide smoking ban will apply to all public places, places of employment (both public and private) and the entrance and exit areas to such places. In addition, the ban requires proprietors to ensure tobacco smoke does not enter any place where smoking is prohibited through its entrances, windows, ventilation systems or other means.

The new law also outlines areas where smoking will not be regulated. These areas generally include private residences, designated sleeping rooms at lodging facilities, family owned and operated places of employment, nursing homes, retail tobacco stores, outdoor patios and private clubs.

The statute does not just prohibit smoking. It also requires employers to remove all ashtrays and other containers for disposing of smoking materials and to post “no smoking” signs. The signs must contain a telephone number for reporting violations.

Penalties for violating this statute range from a minimum of $100 dollars up to a maximum of $2,500 per violation. In addition, the new law strictly prohibits retaliation against an employee or individual for reporting violations or performing any obligation under this statute.

While the new law becomes effective on December 7, the Ohio Department of Health must promulgate more specific enforcement rules over the next few months.

In order to help your company comply with this new law, the Ohio Chamber has developed this information to help you understand how to keep your workplace compliant. You can find out how this new law will effect your workplace by clicking on one of the links below. This guidance on the statewide smoking ban is provided by the Ohio Chamber of Commerce for education and information purposes only. This information is not intended to be legal advice. As always for legal advice, please consult your attorney.

The Ohio Chamber of Commerce will post updated information regarding the smoking ban on www.ohiobusinessvotes.org and will send out e-mail and fax notifications. For more information on the statewide smoking ban, contact Ohio Chamber Director of Labor & Human Resources Policy, Tony Fiore, at (614) 228-4201.

• Areas where smoking is prohibited under the new statewide smoking ban [§ 3794.02]
• Proprietors of a public place or place of employment are required to post signs as well as remove ashtrays and other receptacles used for disposing of smoking materials in non-smoking areas. [§ 3794.06]
• Areas where smoking is not prohibited by the new statewide smoking ban [§ 3794.03]
• Other areas may be established as nonsmoking. [§ 3794.05]
• The Ohio Department of Health will promulgate rules to aid in enforcing the provisions of the statewide smoking ban. [§ 3794.07]
• Enforcement and penalties of the statewide smoking ban statute. [§ 3794.09]
• Definitions [§ 3794.01]

Additional Resources:
Ohio Department of Health website
Full Text of the Statewide Smoking Ban Statute

Printable "No Smoking" signs for places of employment. 
Please note: If the no smoking symbol is used, it must, in accordance with ORC 3794.06A be printed in color.