Last updated: August 20, 2020
Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport
All indoor workplaces
Although the law prohibits smoking in all “work environments,” designated smoking rooms are permitted in certain workplaces such as some healthcare facilities, retirement communities, prisons, and hotel rooms. Therefore, the regulatory status code “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces.
All indoor public places
Although the law prohibits smoking in all “public areas,” designated smoking rooms are permitted in certain public places such as some healthcare facilities, retirement communities, and prisons. Therefore, the regulatory status code “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor public places.
All public transport
The law prohibits smoking in all public transport.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transport.
Government facilities
Smoking is prohibited in most public areas and work environments, including government facilities. The definitions of “public area” and “working area,” read in combination, are sufficiently broad to cover all government facilities. It should be noted that designated smoking areas are permitted in correctional facilities and certain medical facilities that may be considered government facilities; however, those facilities are coded separately for the purposes of this analysis.
The law provides that any issues that may arise as to whether smoking is allowed in any given situation should be resolved in favor of protecting all workers and members of the public by creating an environment free from tobacco smoke.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regards to government facilities. For better clarity, the law should prohibit smoking in all government facilities and never permit designated smoking rooms.
Private offices
Smoking is prohibited in most work environments, including private offices where one or more persons is working.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.
Hospitals
Although the law prohibits smoking in most work environments and public areas, designated smoking areas are permitted in certain medical facilities containing persons incapable of moving, persons with mental disorders, or elderly persons. These areas may be present in hospitals. Therefore, the regulatory status code “Smoking is Restricted” is given.
The law provides that any issues that may arise as to whether smoking is allowed in any given situation should be resolved in favor of protecting all workers and members of the public by creating an environment free from tobacco smoke.
The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regards to hospitals. To align, the law should prohibit smoking in all indoor public places and workplaces and never permit designated smoking rooms.
Residential healthcare facilities - public areas
Smoking is prohibited in most public areas and work environments, including the public areas of residential healthcare facilities. The law permits designated smoking rooms in patient rooms of residential healthcare facilities with persons incapable of moving, persons with mental disorders, or elderly persons; however, this exception does not apply to public areas of these facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regards to the public areas of residential healthcare facilities.
Non-residential healthcare facilities
Smoking is prohibited in most public areas or work environments, including non-residential healthcare facilities. Although there are limited exceptions to the smoking ban, none of them apply to non-residential healthcare facilities. Therefore, the regulatory status code “100% Smoke Free” is given.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.
Childcare facilities/preschools
Smoking is prohibited in most public areas and work environments, including educational facilities such as 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
Smoking is prohibited in most public areas and work environments, including educational facilities such as 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
Smoking is prohibited in most public areas or work environments, including educational facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.
Shops
Smoking is prohibited in most public areas and work environments, including shops.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops.
Cultural facilities
Smoking is prohibited in most public areas and work environments, including cultural facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.
Indoor stadium/arenas
Smoking is prohibited in most public areas and work environments, including all sports or recreation facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.
Restaurants
Smoking is prohibited in most public areas and work environments, including catering premises such as restaurants.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.
Bars/pubs/nightclubs
Smoking is prohibited in most public areas and work environments, including social and catering premises such as 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
Smoking is prohibited in most public areas and work environments, including casinos.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.
Hotels/lodging - public areas
Smoking is prohibited in most public areas and work environments, including reception areas and other public areas of hotels.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels and lodging.
Hotels/lodgings - guest rooms
Hotels are permitted to dedicate special rooms for guests that consume tobacco. There are no restrictions on the number of rooms allowed to be set aside, so smoking may be allowed in all guest rooms.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all guest rooms and throughout all indoor portions of any hotel or lodging.
Prisons/detention facilities - public areas
Smoking is permitted in designated areas of correction institutions.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking throughout prisons.
Trains, buses and other shared ground transportation other than taxis
Smoking is prohibited in all means of public transport.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses, and other shared ground transportation.
Taxis (for-hire vehicle)
Smoking is prohibited in all means of public transport.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.
Commercial aircraft
Smoking is prohibited in all means of public transport.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.
Commercial watercraft
Smoking is prohibited in all means of public transport.
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)
Smoking is prohibited in most public areas and work environments, including reception areas such as public transport facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.