Indiana Bans Smoking in Public Places and
Places of Employment
June 19, 2012
Many of you may be affected by Indiana’s new law that bans smoking in certain places. In
particular, effective July 1, 2012, smoking will be prohibited in “public places” and “places of
employment.”1 Key provisions of the new law are summarized below to assist you in understanding the
requirements that apply to public places, those that apply to places of employment, and those that apply
to both. Many places of employment also are public places. In such cases, the businesses must comply
with all of the requirements discussed in this article.
Under the new law, there can be no smoking within eight (8) feet of a public entrance to a public
place2 or a place of employment3 or within the building of a public place or place of
employment. Owners/operators/managers/officials in charge of public places and places of
employment must post a “conspicuous” sign at each public entrance that reads something like the
following: “State Law Prohibits Smoking Within 8 Feet of this Entrance.” It would seem logical that a
“conspicuous” sign would be one that can be read from a distance of greater than 8 feet. You can view
statutorily compliant smoking signs by accessing the Indiana Alcohol and Tobacco Commission’s
website at www.in.gov/atc.
The statute requires owners/operators/managers/officials in charge of public places to (a) post
“conspicuous signs” within the public place that read “Smoking Is Prohibited By State Law” or other
similar language; (b) ask an individual who is smoking to refrain from doing so; and (c) “cause to be
removed from the public place an individual who is smoking … and fails to refrain from smoking after
being asked to refrain from smoking.” Under the statute, law enforcement officers are among those who
may enforce its provisions, so if an owner/operator/manager/official in charge of a public place
encounters an individual who refuses to refrain from smoking after being asked to do so, it should be
taken seriously and appropriate action should be taken.
Employers must inform employees and prospective employees of the smoking prohibition at the
place of employment. In the context of existing employees, the employer may accomplish this in
1
The law does not apply to certain horse racing and gambling facilities and those facilities’ permanent structures on adjacent
land; riverboats and their permanent structures located on certain adjacent land; certain satellite facilities; certain cigar
smoking bars or certain bars offering waterpipes or hookah (although cigarette smoking is not permitted therein); certain
clubs; certain retail tobacco stores; certain bars or taverns; cigar manufacturing facilities that do not offer retail sales; certain
cigar specialty stores; and businesses located in the owner’s private residence if the only employees are the owner and others
who reside in the residence. If you believe you may fall into one of these exceptions, consider seeking legal advice because
other requirements apply.
2
A “public place” means an enclosed area of a structure in which the public is invited or permitted.
3
A “place of employment” means an enclosed area of a structure that is a place of employment, but does not include a
private vehicle.
several ways. Small business employers may inform employees at a staff meeting or in one-on-one
meetings. Businesses with many employees may comply with this requirement by emailing their
employees, so long as all employees receive the email. A memo informing employees of the smoking
prohibition also would be an acceptable method of compliance. The smoking prohibition also could be
added to the employee manual, but this step should be in addition to the direct method the employer
selects to inform its existing employees of the ban. In some cases it may also be prudent to inform
prospective employees of the company’s position regarding smoking in the workplace at the time of the
interview. Certainly, the prohibition must be communicated prior to the prospective employee’s
commencement of the job.
Owners, managers, and employers must not refuse to hire, discharge, or otherwise retaliate
against any individual for reporting a violation of this law, for exercising any right under this law, or for
otherwise complying with this law.
Except for items intended solely for retail sale, owners/operators/managers/officials in charge of
public places and places of employment must remove ashtrays and other smoking items from inside
the structure of the public place or place of employment and must remove ashtrays and other smoking
items that are within 8 feet of a public entrance to a public place or place of employment.
Finally, please keep in mind that the above merely summarizes the new Indiana State law. Cities
and counties within the State may have even more restrictive laws that apply to your business.
Please contact a member of our Employment and Labor Law team or your preferred Wooden &
McLaughlin contact with questions.
Gregory P. Kult, Partner ***
[email protected]
(317) 860-5341
Michael Rabinowitch, Partner *
[email protected]
(317) 860-5372
Brian D. Burbrink, Associate **
[email protected]
(317) 860-5303
Maureen E. Ward, Of Counsel *
[email protected]
(317) 860-5377
Licensed in: *Indiana, **Indiana and Illinois, ***Indiana and Wisconsin
This article does not constitute legal advice, nor is it a substitute for familiarity with the most current statutes,
regulations, ordinances and case law on this topic. Slight differences in factual context can result in significant
differences in legal obligations. Consider seeking legal advice with respect to any particular situation.