§ 1421. Smoking in the workplace; prohibition

(a) The possession of lighted tobacco products or use of tobacco substitutes as defined in 7 V.S.A. § 1001 is prohibited in any workplace.

(b)(1) As used in this subchapter, “workplace” means an enclosed structure where employees perform services for an employer, including restaurants, bars, and other establishments in which food or drinks, or both, are served. In the case of an employer who assigns employees to departments, divisions, or similar organizational units, “workplace” means the enclosed portion of a structure to which the employee is assigned.

(2) Except for schools, workplace does not include areas commonly open to the public or any portion of a structure that also serves as the employee’s or employer’s personal residence.

(3) For schools, workplace includes any enclosed location where instruction or other school-sponsored functions are occurring.

(4) For lodging establishments used for transient traveling or public vacationing, such as resorts, hotels, and motels, workplace includes the sleeping quarters and adjoining rooms rented to guests.

(5) The prohibition on using tobacco substitutes in a workplace shall not apply to a business that does not sell food or beverages but is established for the sole purpose of providing a setting for patrons to purchase and use tobacco substitutes and related paraphernalia.

(c) Nothing in this section shall be construed to restrict the ability of residents of the Vermont Veterans’ Home to possess lighted tobacco products or use tobacco substitutes in the indoor area of the facility in which smoking is permitted. (Added 1987, No. 69, § 2, eff. July 1, 1988; amended 1987, No. 162 (Adj. Sess.), § 2; 2009, No. 32, § 1; 2013, No. 135 (Adj. Sess.), § 1; 2015, No. 108 (Adj. Sess.), § 2.)