Last updated: September 14, 2021
Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport
All indoor workplaces
Smoking is prohibited in all indoor workplaces, and the creation and/or operation of “public salons intended for the consumption of tobacco” is prohibited. The law defines “interior workplace” to include areas commonly used during the normal course of employment, such as hallways, entrances, cafeterias, and bathrooms. Therefore, smoking is also prohibited in these areas of indoor workplaces.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor workplaces.
All indoor public places
Smoking is prohibited in all enclosed public places, and the creation and/or operation of “public salons intended for the consumption of tobacco” is prohibited. This provision aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines. Moreover, this provision is broader than FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it bans smoking in “tents, hangars, marquees and other similar structures, whether permanent or temporary, and accommodate the public.”
All public transport
The law prohibits smoking in public transport, which is defined as “any means of motorized transportation for people, including elevators, to which they have access, whether free of charge or through payment.” The law also prohibits smoking in closed vehicles used for work. Therefore, public transport is smoke free and this provision aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines. The law could be strengthened by clarifying that the prohibition of smoking in public transport extends to non-motorized vehicles as well.
Government facilities
The law prohibits smoking in public places and specifically cites government facilities in a list of examples of public places.
Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.
Private offices
Smoking is prohibited in all indoor workplaces and public places, including private offices.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor private offices.
Hospitals
The law generally prohibits smoking in all indoor workplaces and public places and specifically prohibits smoking in hospitals. Therefore, smoking is prohibited in hospitals.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.
Residential healthcare facilities - public areas
The law generally prohibits smoking in all indoor workplaces and public places and specifically prohibits smoking in healthcare institutions. Therefore, smoking is prohibited in the public areas of residential healthcare facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the public areas of residential healthcare facilities.
Non-residential healthcare facilities
The law generally prohibits smoking in all indoor workplaces and public places and specifically prohibits smoking in healthcare institutions. Therefore, smoking is prohibited in non-residential healthcare facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non- residential healthcare facilities.
Childcare facilities/preschools
The law generally prohibits smoking in all indoor workplaces and public places. Therefore, smoking is prohibited in childcare facilities and preschools as these are workplaces for some people and public places for all. Smoking is specifically prohibited in “any facility providing accommodation for minors,” although it is unclear whether these facilities encompass childcare facilities and preschools.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.
Primary and secondary schools
The law generally prohibits smoking in all indoor workplaces and public places and specifically prohibits smoking in elementary and secondary institutions. Therefore, smoking is prohibited in primary and secondary schools.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.
Universities/vocational facilities
The law generally prohibits smoking in all indoor workplaces and public places and specifically prohibits smoking in “technical, professional and higher and scientific educational institutions.” Therefore, smoking is prohibited in universities and vocational facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.
Shops
The law generally prohibits smoking in all indoor workplaces and public places and specifically prohibits smoking in stores. Therefore, smoking is prohibited in shops.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops.
Cultural facilities
The law generally prohibits smoking in all indoor workplaces and public places and specifically prohibits smoking in cultural establishments. Therefore, smoking is prohibited in cultural facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.
Indoor stadium/arenas
The law generally prohibits smoking in all indoor workplaces and public places and specifically prohibits smoking in stadiums. Therefore, smoking is prohibited in stadiums.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums/arenas.
Restaurants
The law generally prohibits smoking in all indoor workplaces and public places and specifically prohibits smoking in restaurants. Therefore, smoking is prohibited in restaurants.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.
Bars/pubs/nightclubs
The law generally prohibits smoking in all indoor workplaces and public places and specifically prohibits smoking in bars, snack bars and night clubs. Therefore, smoking is prohibited in bars, pubs and nightclubs.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs and nightclubs.
Casinos
The law generally prohibits smoking in all indoor workplaces and public places and specifically prohibits smoking in casinos. Therefore, smoking is prohibited in casinos.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.
Hotels/lodging - public areas
The law prohibits smoking in all indoor workplaces and public places. Therefore, smoking is prohibited in public areas of hotels, as these are workplaces for some people, and public places for others.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels.
Hotels/lodgings - guest rooms
The law prohibits smoking in all indoor workplaces and public places; however, guest rooms in hotels are not specifically addressed. Therefore, the regulatory status “Uncertain” is assigned.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, specifically including guest rooms in hotels and other lodging, to be 100% smoke free.
Prisons/detention facilities - public areas
The law generally prohibits smoking in all indoor workplaces and public places and specifically prohibits smoking in penitentiaries. Therefore, smoking is prohibited in the public areas of prisons and detention facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prisons and detention facilities.
Trains, buses and other shared ground transportation other than taxis
The law prohibits smoking in public transport, which is defined as “any means of motorized transportation for people, including elevators, to which they have access, whether free of charge or through payment.” The law also prohibits smoking in closed vehicles used for work.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shared ground transportation. The law could be strengthened by clarifying that the prohibition on smoking in public transport extends to non-motorized vehicles.
Taxis (for-hire vehicle)
The law generally prohibits smoking in all motorized public transport and closed vehicles used during work, specifically including taxis. Therefore, smoking is prohibited taxis.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis
Commercial aircraft
The law generally prohibits smoking in all motorized forms of public transport and in indoor workplaces including closed vehicles used during work. Because commercial aircraft are both motorized forms of public transport and workplaces for some, we interpret the law as prohibiting smoking in commercial aircraft.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.
Commercial watercraft
The law generally prohibits smoking in all motorized forms of public transport and in indoor workplaces including closed vehicles used during work. Because commercial watercraft can be motorized forms of public transport and are workplaces for some, we interpret the law as prohibiting smoking in commercial watercraft.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft.
Public transport facilities (waiting areas for mass transit)
The law generally prohibits smoking in all indoor workplaces and public places. Public transport facilities are workplaces for some, and fall under the definition of public places. Therefore, smoking is prohibited in public transport facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.