Georgia Smokefree Air Act of 2005 & Its Impact on Georgia Employers
 
ATTENTION EMPLOYERS: Please note that the “Georgia Smoke Free Air Act of 2005” becomes effective July 1, 2005. The Act appears to mandate a complete ban on smoking within all “enclosed facilities” of (including buildings owned, leased or operated by) the State of Georgia or any of its agencies, authorities or political subdivisions, as well as any county, city or municipality. The Act also generally prohibits employees from smoking inside a private employer’s “enclosed facilities." However, the Act does not prohibit public or private employees from smoking in “outdoor areas of places of employment."

An exception to the prohibition against employees smoking within a private employer’s “enclosed facilities” is generally available only if the following conditions are met:

(1) the smoking area is located in a closed, non-work area that employees do not have to enter if they do not wish to smoke

(2) an independent air handling system (separate from the main air handling system and that does not mix air with the main air handling system) takes the air from the smoking area directly to the outside via an exhaust fan

(3) the smoking area is only used by employees; and

(4) a sign is conspicuously posted at every entrance to the smoking area indicating that smoking is permitted.

An exception to the above requirements is generally available to restaurants and bars where (1) customers and employees must be at least eighteen (18) years of age or (2) the establishment has a private room that is closed and has an independent air handling system (separate from the main air handling system and that does not mix air with the main air handling system) that takes the air from the smoking area directly to the outside via an exhaust fan. Manufacturers, importers and wholesalers of tobacco and tobacco products are also generally exempt from the prohibition against smoking within an employer’s “enclosed facilities.”

There are also numerous exceptions that generally allow customers or patrons to smoke within an establishment, including:

* in restaurants and bars as discussed above;

* in long-term care facilities, including skilled nursing homes, intermediate care homes and personal care homes that are subject to regulation and licensure; and

* in private and semi-private rooms in licensed health care facilities that are occupied by one or more persons, all of whom have written authorization by their treating physician(s) to smoke;

* in private clubs, military officer clubs and non-commissioned officer clubs; and

* in hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than twenty percent (20%) of rooms rented to guests may be designated as smoking rooms.

The Act also generally requires that all employers, regardless of size, communicate the Act’s prohibition on smoking to all current employees by July 1, 2005, as well as to each prospective employee upon his or her application for employment.

If you have any questions regarding the Georgia Smoke Free Air Act of 2005, please do not hesitate to contact your Elarbee Thompson attorney. A copy of the Act may be obtained on the following webpage: http://www.legis.state.ga.us/legis/2005_06/fulltext/sb90.htm .