10/04/2007
Tennessee Non-Smokers Protection Act

Effective October 1, 2007, the Tennessee Non-Smokers Protection Act became law.  This statute outlaws smoking in all enclosed public places with a few exceptions.  The smoking ban applies to places of employment, restaurants, health care facilities, hotels and motels, retail stores and shopping malls, sports arenas, public and private education facilities, restrooms, lobbies, reception areas, hallways and other common-use areas (including in apartment buildings and other multiple-unit residential facilities), and child care and adult day care facilities.  Exceptions include private clubs, age restricted venues (i.e. bars that limit admission to 21 and over at all times), nursing homes (residents may smoke, but employees may not), and a percentage of designated no smoking rooms at hotels. 

Employers must post “No Smoking” signs at every entrance to every public place and place of employment where smoking is prohibited, notify and inform all existing and prospective employees that smoking is prohibited, and inform patrons and customers who are found smoking on the premises that it is prohibited.

A person who knowingly smokes in a prohibited area is subject to a civil penalty of $50.  A business that knowingly fails to comply with the requirements of the law will be subject to a range of penalties, from a written warning for a first violation, $100 for a second violation in 12 months, and a $500 fine for a third or subsequent violation in 12 months.

The Tennessee Department of Labor & Workforce Development and the Tennessee Department of Health will be responsible for enforcement.  TOSHA will assure that employers are in compliance with the Act on each worksite they inspect.

Issues that are sure to arise include whether certain areas are really “enclosed.”  For example, is a “new house” being built considered enclosed?  What constitutes an outdoor patio or deck?  Can a tent with awnings be deemed enclosed?  If an establishment has loading docks or shipping areas with “garage type doors” that are open does it fit within the exemption of “nonenclosed” areas where smoking is permitted?  These and other similar questions will certainly be addressed as the new law is applied and the enforcement teams work their way through the initial inspections.

The statute can be reviewed at http://www.legislatrue.state.tn.us/bills/currentga/Amend/HAo739.pdf.