[author: Beth P. Zoller, XpertHR Legal Editor]
Employers in North Dakota may have new obligations when it comes to banning smoking in the workplace. In November 2012, North Dakota voters approved the North Dakota Smoking Ban Initiative. As of December 6, 2012, smoking is banned in all public places and in most workplaces in the state, both indoor and outdoor. The ban extends to virtually all public places, both open and enclosed, including bars, all worksites, truck stops, hotels/motels, retail tobacco stores, gambling and gaming facilities, child and adult day care facilities. In contrast, the previous smoking ban had only prohibited smoking in all enclosed public places and places of employment. The ban also requires smokers to be at least 20 feet away from buildings. This new law provides notification and enforcement responsibilities as well as a $50 penalty for violations. +2012 Bill Tracking ND V. 8.
As a result of this new law, North Dakota employers should immediately revise their workplace policies and employee handbooks as well as make sure that they communicate this to employees by posting the proper signage both in the workplace and in employer-provided vehicles to advise employees of this new law.
Employee Management > Employee Handbooks - Work Rules - Employee Conduct > Smoking: North Dakota
Risk Management - Health, Safety, Security > Employee Health: North Dakota