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:

  1. First Violation: up to $100

  2. Second Violation within one year: up to $200

  3. 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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