(a) It shall be the responsibility of employers to provide smoke-free areas for nonsmoking employees within existing facilities to the maximum extent possible.

(b) Within ninety (90) days of the effective date of this chapter, each employer having an enclosed place of employment shall adopt, implement, make known and maintain a written smoking policy, consistent with the provisions of this chapter.

(c) The smoking policy shall be communicated to all employees within three (3) weeks of its adoption.

(d) All employers shall supply a written copy of the smoking policy upon request of any existing or prospective employee.

(e) Notwithstanding any other provisions of this § 90106, every employer shall have the right to designate any place of employment, or portion thereof, as a nonsmoking area.