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Community Health Administration
Bureau of Cancer and Chronic Disease
Tobacco Control Program
Secondhand smoke is a proven health hazard. The Department of Health Functions Clarification Amendment Act of 2006 prohibits smoking in most public places. This law is effective April 4, 2006. It is a violation of District law for any person to smoke in an area where it is prohibited. It is also a violation for an employer, owner, manager, or person in authority to permit smoking in prohibited areas or failure to post “No Smoking” signs.
For more information, or to request free "No Smoking" signs contact the District of Columbia Tobacco Control Program at (202) 671-5000 or email the program at TobaccoControl@dc.gov. You can download “No Smoking” "No Smoking" signs in English* or Spanish*.
The law requires that virtually all establishments and businesses with employees be smoke-free. This includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, and vehicles owned by a private employer. Private residences are exempt unless used as a childcare, adult day care or health care facility.
Public Places
According to the law, smoking is prohibited in all enclosed public places in the District of Columbia, including but not limited to the following:
| Banks |
Educational facilities |
| Health care facilities |
Laundromats |
| Public transportation facilities |
Reception areas |
| Restaurants |
Retail food production and marketing establishments |
| Retail service establishments |
Retail stores |
| Shopping malls |
Sports arenas |
| Theaters |
Waiting rooms |
Taverns, Nightclubs, Clubs, and Brew Pubs
While smoking is prohibited in most public establishments and restaurants, the law allows smoking in bar areas of restaurants, taverns, nightclubs,and clubs until January 2, 2007.
To comply with the new law:
- Update your workplace smoking policy to reflect the new law.
- Post “no smoking” signs at all entrances as required including bathrooms, stairwells on each floor, bulletin boards, and other prominent places.
- Talk with your customers and employees about the law and prepare them for the changes.
- Discuss the new law with employees including what they should do to comply with the law
- Request any person smoking to refrain from smoking inside the workplace.
- Refer to the law and to workplace policy when dealing with refusals to not smoke in the workplace.
- Remind them that the business or building owner may be assessed fines for infractions
- Request staff to report problems directly to the management or owner of the business, or to the business, or to the building's management.
- Remove all ashtrays from the premises.
- Contact the Department of Health Tobacco Control Program for additional information and for compliance support at (202) 671-5000 or via email at TobaccoControl@dc.gov.
Person(s) or Employer who willfully violates the law are subject to the following penalties:
- Each violation will be subject to fines.
Smoking violations:
Smoking in a prohibited area:
- First violation: Penalties of not less than $100 and not more than $1,000
- Subsequent violation: Penalties of not less than $200 and not more than $1,000
Failure to notify person observed to be smoking to stop the activity:
- Penalty of $500: each day violation continues is a separate offense.
Signage violations:
- Obscuring, defacing a sign: Penalty of $500.
- Failure to post a sign: Penalty of $500; each day violation continues is a separate offense.
The District of Columbia Department of Health Bureau of Community Hygiene staff is responsible for enforcement of the law. Staff conducts routine and complaint driven inspections to determine compliance with the “Smoke-Free Workplaces Law”
How to Register a Complaint
If you would like to register a complaint, you may contact the Department of Health at (202) 671-5000, or submitting a Complaint Form.
The law exempts certain businesses from the smoke-free workplaces law, but does not require exempt businesses to permit smoking. These exemptions include:
- A retail store that is used primarily for the sale of tobacco in which total annual revenue generated by the sale of non-tobacco products or accessories is no greater that 25% of the total revenue of the establishment; provided, that it does not share space with any other establishment
- Tobacco bar – a restaurant, tavern, brew pub, club, or nightclub that generates 10% or more of its total annual revenue from the on-site sale of tobacco products, excluding sales from vending machines.
- An outdoor area of a restaurant, tavern, club, brew pub, or nightclub.
- A hotel room or motel room rented to one or more guests.
- A medical treatment, research, or non-profit institution where the activity of smoking is conducted for the purpose of medical research or is an integral part of a smoking cessation program; and
- Theatrical productions.
Certification of Exemption An establishment exempt under the law may have a certificate of exemption.
An establishment that is a retail store, tobacco bar, or medical treatment, research, or non-profit institution is not automatically exempt from the smoking ban. An establishment that is not automatically exempt must first satisfy certain minimum revenue thresholds or demonstrate a legitimate purpose for an exemption.
If the Department determines that the establishment is eligible for an exemption, the establishment will receive a certificate of exemption that may be valid for up to 3 years and is not transferable. The Department may conduct annual audits during the term of the exemption certificate and may immediately revoke a certificate if the establishment no longer qualifies for the exemption.
Establishments may contact the Department of Health Tobacco Control program at (202) 671-5000 or email TobaccoControl@dc.gov to request a smoking exemption declaration form or select the online Smoking Exemption Application*.
Policy
Due to the acknowledged hazards arising from exposure to second hand smoke, it shall be the policy of _________________ to provide a smoke free environment for all guests and employees of ___________________.
Definition
There will be no smoking of tobacco products within the facilities at any time. (The decision to provide designated smoking areas outside the building will be at the discretion of management or other decision-making body.)
All materials used for smoking, including cigarette butts, matches, and lighters, will be extinguished and disposed of in appropriated containers. Supervisors will ensure periodic cleanup of the designated smoking area. If the designated smoking area is not properly maintained (for example, if cigarette butts are found on the ground), it can be eliminated at the discretion of management or other decision-making body.
Breaks
Supervisors will discuss the issue of smoking breaks with their staff. Together they will develop effective solutions that do not interfere with the productivity of the staff.
Procedure
- Employees will be informed of this policy through signage, the policy manual and orientation and training provided by their supervisors.
- Guests will be informed of this policy through signage.
- The will assist employees who wish to quit smoking by facilitating access to recommended smoking cessation programs and materials.
- Any violations of this policy will be handled through the standard disciplinary procedure.
* Source: Making Your Workplace Smokefree: A Decision-maker’s Guide. Atlanta (GA): Public Health Service, Centers for Disease Control, Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 1996.
Employee Rights and Protections
Places of employment and enclosed public places that permit smoking shall not require employees to work in smoking areas if an employee requests to work solely in non-smoking areas.
An owner, manager, or other person responsible for a place of employment or public place that permits smoking under this part shall not:
An employee is entitled to recover damages, including lost or back wages or salary. The court, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs.
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