Arkansas Clean Indoor Air Act Act 8 of 2006 / SB19 Findings: That based on scientific research data, it has been shown that direct and indirect (secondhand) inhalation of smoke is the cause of many preventable diseases including lung cancer, heart disease, bronchitis and asthma particularly in children and low birth weight births. The State of Arkansas declares that its public policy is to prohibit smoking in certain areas to protect non smokers from unwanted exposure to secondhand smoke. (20-27-1803) Definitions of Places Covered: Bars – businesses that serve alcohol for consumption by patrons as the primary focus of the establishment (includes establishments where food services available but incidental to its primary) Including: Taverns, Nightclubs, Cocktail Lounges, Cabarets Business – any business entity, anything from a sole proprietor to your everyday corporation Employee – anyone paid to perform a service Employer – an individual or business that employs 1 or more individual Enclosed area – enclosed, roofed and floored on all sides. Health Care Facility - an office or institution providing care or treatment of diseases. Including: Weight Loss Clinics, Laboratories and Offices of Physicians, Surgeons, Dentists, Chiropractors and Specialists within these professions. (including the building or buildings those facilities are located in) Does not Include: A small class of medical facilities under statute, psychiatric hospitals and long term care facilities Analysis: This law via the language of (6)(A-B), covers the entire and contiguous building in which the Health Care Facility operates. Infiltrate – permeate the structure to the extent that someone can smell the secondhand smoke. Analysis: The infiltration section of the Act states that no smoke should be able to be smelled inside the building, which seems to mean that smoking areas should be located a “safe” distance from the building. Possible questionable scenario: Infiltration through an open office window, originating from within the smoking areas. Law doesn’t take a definite stand on acts such as that where individuals control the infiltration by voluntary actions, ie opening the window or propping the door open. Places of Employment – any enclosed area under control of an employer during the course of employment. Includes: work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias and hallways. Does not Include: Private residences, unless it is used as a licensed child care center, adult day care, or health care facility. Public place – enclosed area where public is invited or permitted to Includes: banks, bars, educational facilities, healthcare 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, and city, county and state government buildings. Does not Include: Private residences, unless it is used as a licensed child care center, adult day care, or health care facility. Restaurants – includes Coffee shops, Cafeterias, Sandwich stands, private and public cafeterias, AND BAR AREAS WITHIN ANY RESTAURANT Retail Tobacco store – any retail store that sells tobacco products primarily and sales of other products is incidental Secondhand Smoke - means smoke emitted from lighted, smoldering or burning tobacco when not inhaling or emitted by mouth during puffing or exhaled. Service line – means an indoor line of 1 or more persons waiting for or receiving a service. Shopping Mall – is any hallway or walkway that serves to connect retail or professional establishments. (Seems to include strip malls) Smoking – inhaling exhaling, burning or carrying any lighted tobacco product, or lighted combustible plant materials. Sports Arena – a stadium, sports pavilion, gymnasium, health spa, boxing arena, swimming pool, roller or ice rink, bowling alley or other similar place where members of the public assemble for physical exercise competition or viewing of sports events. Prohibitions (20-27-1804): This legislation is effective July 21, 2006 and prohibits smoking in: 1. All properties and offices of the State of Arkansas, including all vehicles, areas owned, leased or operated by the State of Arkansas, its agency’s or authorities, including political subdivisions of the state municipal corporations, or local boards or authority created by general, local, or special act of the Assembly, individually or jointly. 2. Smoking in all public places and enclosed areas within places of employment, including a. Common work areas b. Auditoriums c. Classrooms d. Conference and meeting rooms e. Private offices f. Elevators g. Hallways h. Health Care Facilities i. Cafeterias j. Employee Lounges k. Stairs l. Restrooms m. All other enclosed areas People or entities subject to these smoking prohibitions shall not discriminate or retaliate against anyone who makes a complaint or furnishing information of a violation Employers have thirty (30) days from the effective date of this Act to communicate these prohibitions to employees and applicants for employment. (20-27-1804) Exempted Places (20-27-1805): 1. Private Residences, unless licensed child or adult care center, or health care facilities are located therein. 2. Hotel or motel rooms with 25 or less rooms. a. Unless it has 26 or more rooms upon which only 20% of those rooms are considered exempt. (25 rooms = 6 – 7 rooms exempt) 3. All workplaces with fewer than 3 employees, and not open to the public. 4. Retail tobacco stores, so long as secondhand smoke from these. establishments does not infiltrate areas where smoking is protected. 5. Areas within long term care facilities that are designated by the facility as smoking areas. 6. Outdoor areas of places of employment. 7. All workplaces of manufacturers, importers or wholesalers of tobacco products, tobacco leaf dealers, processor’s or storage facilities. 8. State licensed bars or restaurants that do not allow person under 21 in at all times, so long as the secondhand smoke does not permeate any places prohibited under this section. 9. Designated smoking areas on the gaming floor of any franchisee of the Arkansas Racing Commission. Notice of Prohibition of Smoking, in the form of the “No Smoking” symbol or International symbol may be clearly and conspicuously posted by the owner, operator or manager or any other person in control of every public place where smoking is prohibited. (20-27-1806) Note: The “may be” language here in legal terms allows the owner, operator, etc. to decide to display or not display. The State Board of Health may adopt reasonable rules and regulations it determines necessary to carryout the enforcement of this Act. (20-27-1807) Enforcement shall be made by the Department of Health and Human Services. Such agents of the Department are authorized to enter upon and inspect any premise controlled under this act.(20-27-1807) This Act does not work to permit smoking in other places restricted by applicable law or employer policies. Penalties (20-27-1809) Any person violating any provision of this subchapter us guilty of a violation and upon conviction shall be punished by a fine of not less than $100.00 nor more than $500.00.
Per the Arkansas Attorney General’s Office, the Clean Indoor Air Act will go into effect on the 91 days after the end of the Special Legislative Session which ended “officially” on April 21, 2006 making the effective date July 21, 2006. Act 8 will protect nearly all Arkansas workers from deadly secondhand smoke in the workplace. Q: What is secondhand smoke?
A: Secondhand smoke is a combination of a smoker’s exhaled smoke and the smoke from a burning cigarette. It contains more than 4,000 substances, including 60 known cancer-causing substances and kills an estimated 53,000 nonsmokers each year in the United States.
Q: How can I file a complaint? A: An employee or a member of the public can file a confidential complaint against a person that violates the act by contacting your Arkansas Department of Health and Human Services. The telephone number is yet-to-be-determined. Q: What are the penalties? A: Any person regulated by this law can be subject to a civil penalty of up to $500.00 for each violation. Q: Do I need to provide a smoking break room for my employees? A: No. In fact, the law prohibits employers from providing a smoking break room for employees. Businesses with separately ventilated rooms for their smoking employees, including OSHA compliant smoking rooms, cannot allow smoking in these rooms or anywhere else in the building. Q: Can I smoke in my private office in a commercial/business work establishment? A: No. Q: What organizations/businesses does this act not apply to? A: There are very few organizations/businesses that this act does not apply to. A hotel or motel with twenty-five or fewer rooms; retail tobacco businesses (primary activity is the retail sale of tobacco products and accessories and the sale of other products is merely incidental); employers with fewer than three employees and the business is not open to the public; adult only (over 21) restaurants and bars; The wagering/gaming floor area at Southland and Oak-Lawn racing facilities and nursing homes. Any of these places can choose to be totally smoke-free. To learn more about the Clean Indoor Air Act, contact Coalition for a Tobacco Free Arkansas at (501) 687-0345 or contact Arkansas Department of Health and Human Services-Division of Health. If you smoke and want to quit, or know someone who wants to quit call the Arkansas Smokers’ Quit Line at 1-866-NOW-QUIT (1-866-669-7848) for free helpful information, or visit www.stampoutsmoking.com As of July 21, 2006, all public and nearly all work places across the state will be smoke-free. This includes bars and restaurants. By passing Arkansas’s 2006 Clean Indoor Air Act (Act 8), the state ensures both that most workers have a safe work-place and that all nonsmokers, including children and senior citizens, can breathe smoke-free air in the public places they visit. |
What is the Clean Indoor Air Act? The Clean Indoor Air Act (Act 8 of the 1st extraordinary session of 2006) prohibits smoking in public and nearly all work-places to protect employees and the public from secondhand smoke. Arkansas is the eighteenth state in the nation to pass a smoke-free workplace act. California was the first. What is secondhand smoke? Secondhand smoke is the combination of smoke exhaled by a smoker and the smoke from a burning cigarette. This combination is dangerous for both the smoker and the nonsmoker. It contains more than 4,000 chemicals, including over 60 known cancer-causing substances. Secondhand smoke kills approximately 53,000 nonsmokers each year in the United States. Why do we need to get smoke out of restaurants and bars? Waitresses have higher rates of lung and heart disease than any other traditionally female occupational group, according to a study published by the Journal of the American Medical Association. According to the same report, one shift in a smoky bar is equivalent to smoking 16 cigarettes a day. According to the UC Berkeley School of Public Health, two hours in a smoky bar is the same as smoking four cigarettes. What work places does the act apply to? The act, Public Health Law Act 8, states that smoking shall not be permitted and no person shall smoke in the following indoor areas: - Places of employment;
- Restaurants and bars
- Enclosed swimming areas;
- Public transportation, including taxicabs and limousines;
- All places of employment where services are offered for children;
- All schools
- All public and private colleges, universities and other educational and vocational institutions;
- General hospitals;
- Residential health care facilities, however, adult patients can smoke in separately designated smoking rooms;
- Commercial establishments used for the purpose of carrying on or exercising any trade, profession, vocation or charitable activity;
- All indoor arenas;
- Another law passed in the special session (Act 13) also prohibits smoking in private automobiles when transporting a child 0-6 years or 60 pounds and child is restrained in a car safety seat.
Are there work places the act does not apply to? Smoking is allowed in the following areas or businesses: - Private homes and private residences when not used for day care.
- Hotel or motel with twenty-five or less rooms
- Employers with fewer than three employees and the business does not serve the public.
- Retail tobacco businesses (primary activity is the retail sale of tobacco products and accessories and the sale of other products is incidental);
- Cigar bars
- Restaurants and bars that at all time prohibit those under 21 from entering the premises.
- Gaming floors of franchisees of the Arkansas Gaming Commission.
If my business is not listed in the above lists, does the act apply? If your type of business is not specifically listed in the above lists, and you have employees, then you cannot allow smoking in your place of business. This includes the following but is not limited to: - Any building located in amusement parks or zoos
- Auto body shops;
- Billiard and pool halls;
- Bowling facilities;
- Factories;
- Gymnasiums;
- Mills;
- Public meetings;
- Storage facilities;
- Theaters; and
- City, county and state vehicles
Am I required to provide a smoking break room for my employees? No. In fact, the act prohibits employers from providing a smoking break room for employees. Businesses with separately ventilated rooms for their smoking employees cannot allow smoking in these rooms or anywhere else in the building. Do I need to post signs? Yes. A “No Smoking” sign or a sign with the international “No Smoking” symbol on it must be prominently posted and properly maintained where smoking is prohibited. You can find these signs at your local office supply, hardware or home improvement store. What are the penalties? Any person who smokes in an area or establishment that is regulated by this law can be subject to a civil penalty of up to $500.00 for each violation. How can I find more information? For more information about the law or to file a complaint, call Arkansas Department of Health and Human Services-Division of Health. You can find the telephone number in the governmental listing in your telephone book. Where can I get information on quitting? If you smoke and want to quit, call the Smokers’ Quit Line at 1-866-NOW-QUIT (1-866-669-7848), for free information, or visit www.stampoutsmoking.com. Preparing for a Smoke-free Arkansas Understanding the Clean Indoor Air Act | 
