Text of VT’s ‘Smoking in the Workplace’ Law
(Title 18, Chapter 28, Subchapter 2, Vermont Statutes Annotated)
18 V.S.A. §1421. Definitions
As used in this subchapter:
(1) "Smoking area" means an area that nonsmoking employees are not required to visit on a regular basis where smoking is permitted pursuant to a policy established under this subchapter. Up to 30 percent of employee cafeteria and lounge areas may be designated as a smoking area.
(2) "Workplace" means an enclosed structure where employees perform services for an employer or, in the case of an employer who assigns employees to departments, divisions or similar organizational units, the enclosed portion of a structure where the unit to which the employee is assigned is located. Except for schools, workplace does not include areas commonly open to the public nor any portion of a structure which also serves as the employee's or employer's personal residence. For schools, workplace shall include any enclosed location at which instruction or other school-sponsored functions are occurring and students are present.
Added 1987, No. 69, § 2, eff. July 1, 1988; amended 1987, No. 162 (Adj. Sess.), § 2.
18 V.S.A. § 1422. Smoking policy.
Each employer who operates a workplace shall establish, or shall negotiate through the collective bargaining process, a written smoking policy. The policy shall prohibit smoking throughout the workplace or restrict smoking to designated enclosed smoking areas. For purposes of determining smoking policy for schools with school boards, the employer shall be the school board.
Added 1987, No. 69, § 2, eff. July 1, 1988; amended 1987, No. 162 (Adj. Sess.), § 3.
18 V.S.A. § 1423. Exceptions.
(a) As an alternative to section 1422 of this title an employer may establish a smoking policy that permits smoking in designated unenclosed smoking areas if the layout of the workplace is such that smoking will not be a physical irritation to any nonsmoking employee in the workplace and three-fourths of the employees in the workplace agree.
(b) The requirement that the smoking policy be reduced to writing shall only apply to employers who regularly employ at least ten employees who work more than 15 hours per week.
Added 1987, No. 69, § 2, eff. July 1, 1988.
18 V.S.A. § 1424. Posting; supervision.
(a) The employer shall post a copy of the smoking policy established under this subchapter in a conspicuous location at the place of employment. Copies shall be provided to an employee upon request.
(b) A summary of the provisions of this chapter shall be prepared by the department of health and distributed to employers with the assistance of the department of employment and training. The summary shall be posted in a conspicuous location at the place of employment.
(c) The employer shall be responsible for implementing the smoking policy.
Added 1987, No. 69, § 2, eff. July 1, 1988
18 V.S.A. § 1425. Assistance.
The department of health shall accept inquiries from employers and employees and shall, when requested, assist employers in developing a smoking policy.
Added 1987, No. 69, § 2, eff. July 1, 198
18 V.S.A. § 1426. Enforcement.
(a) An employee aggrieved by an employer's failure to comply with the provisions of this subchapter may file a complaint with the department of health.
(b) If the complaint is based on an employer's alleged failure to establish a smoking policy or post the policy and summary as required under section 1424 of this title, the department shall not initiate an action under this section until it has given the employer written notice of the alleged violation and ten days to come into voluntary compliance with the provisions of this subchapter.
(c) The commissioner of health or a hearing officer designated by the commissioner may, after notice and an opportunity for hearing, impose an administrative penalty of $100.00 against an employer who violates a provision of this chapter. The hearing before the commissioner shall be a contested case subject to the provisions of chapter 25 of Title 3 (Administrative Procedure Act).
Added 1987, No. 69, § 2, eff. July 1, 1988.
18 V.S.A. § 1427. Employee rights.
(a) An employer shall not discharge or discipline or otherwise discriminate against an employee because that employee assisted in the supervision or enforcement of this chapter.
(b) Any employee who believes that he or she has been discharged or otherwise discriminated against in violation of this section may, within 30 days after such violation occurs, file a complaint with the commissioner of health alleging such discrimination. Upon receipt of such complaint, the commissioner shall cause such investigation to be made as the commissioner deems appropriate. If upon investigation, the commissioner determines that the provisions of this section have been violated, he or she shall bring an action in superior court against such person. In any such action, the court shall have jurisdiction, for cause shown to restrain violations of subsection (a) of this section and order all appropriate relief including rehiring or reinstatement of the employee to his or her former position with back pay.
(c) Within 90 days of the receipt of a complaint filed under this section, the commissioner shall notify the complainant of the determination under subsection (b) of this section.
Added 1987, No. 69, § 2, eff. July 1, 1988.
18 V.S.A. § 1428. Municipal ordinances.
Nothing in this subchapter shall be construed to supersede or in any manner affect a municipal smoking ordinance provided that the provisions of such ordinance are at least as protective of the rights of nonsmokers as the provisions of this subchapter.
Added 1987, No. 69, § 2, eff. July 1, 1988