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State Summary
The Workplace Smoking Act applies to all enclosed places in Maine where employees perform work. It does not apply where
work is performed outdoors. The law applies to workplaces, regardless of whether they are privately owned or owned by a state
or local government entity. The Public Places Smoking law applies to places into which the public is invited or allowed, including stores and other retail businesses, restaurants,
bars, nightclubs, movie theaters, bowling alleys, sports arenas, museums, libraries, day care facilities, government offices, transportation for the public, and hotel and motel lobbies, hallways and meeting rooms.
Law Excerpt
3. Smoking Policies
A. Required Contents and Use of Smoking Policies
1) Each employer shall establish, or may negotiate through the collective bargaining process, a written policy concerning smoking and nonsmoking by employees in that portion of any business facility for which the employer is responsible.
2) The employer’s policy shall prohibit smoking except in Designated Smoking Areas in order to protect the employer and employees from the detrimental effects of environmental tobacco smoke.
3) Smoking in workplaces shall only take place in Designated Smoking Areas. Designated Smoking Areas shall be described within the written policy.
4) Smoking in the business facility must be in accordance with the written policy.
5) The employer shall post and supervise the implementation of the written policy. The employer shall provide a copy of this policy to any employee upon request.
