WHERE TO REPORT A VIOLATION OF THE
LAW:
In accordance with the law, employers are required to post "No
Smoking" signs at all entrances to their establishment. If an employer
sees customers smoking, they or their staff must ask them not to
smoke indoors. Customers are free to smoke outside unless your city
or county has a stricter local law.
Enforcement measures have not been necessary when employers, staff
and customers know their rights and responsibilities and comply
with the law.However, when necessary, the smoke-free workplace law
is enforced by a local agency in your city or county such as the
police, sheriff, or environmental health department.
If the local enforcement agency receives a complaint that smoking
is being permitted inside an establishment, the employer and/or
smoking customer could incur the following fines:
-
First Violation: up to $100
-
Second Violation within one year: up to $200
-
Third and subsequent violations within one year: up to $500
per violation. After a third violation in one year, cases against
the employer may be referred to the California Occupational
Safety and Health Administration (Cal-OSHA) where penalties
range up to $25,000 per violation.
If you see smoking being permitted in an indoor workplace, you
may report it to your local County Health Department---ask for the
Tobacco Education or Tobacco Control Program. If you don't know
how to contact your local County Health Department, call BREATH
at 1-800-622-2829.
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