Michigan Smoking Ban Regulations

Smoking will be prohibited in all public places and indoor workplaces including restaurants, hotels and bars under the Michigan Smoking Ban. Under the law, the “workplace” is defined as any place that serves food or drink and has at least one employee.

 

Smoking will still be permitted in vehicles, even those vehicles used for work. It will also be permitted in home offices, according to the Detroit Free Press.

 

As we previously reported, Michigan is the 38th state to pass a smoking ban, which becomes effective on May 1, 2010. An exception to the ban will permit smoking on the gambling floor of the Detroit-area casinos, while prohibiting smoking in casino bars, restaurants and hotels.

 

Hookah bars and cigar bars can continue to operate as long as they do not serve any food or beverages. Smoking is banned on the outdoor patios of restaurants, and in all hotel rooms. Workers on construction sites are permitted to smoke outside, but not inside.

 

This law is the result of a decade-long effort by Michigan legislators, mostly Democrats, to implement a smoking ban. A recent survey shows that 66% of Michigan voters support some type of smoking ban.

 

Employers must post appropriate non-smoking signs throughout the workplace, especially at entrances and exits. Ashtrays and other smoking implements are prohibited. If an employee is caught smoking, the employee will be subject to tickets, fines and penalties. The fine is $100 for the first violation and up to $500 for subsequent violation. This also applies to customers, clients and vendors in the workplace.

 

Michigan employers are required to inform employees of the fines for smoking.

 

Employees will not be able to argue that while they were holding a lit cigarette, they were not smoking. The law defines “smoking” as “burning a lighted cigar, cigarette, pipe or any other matter or substance that contains a tobacco product.” This definition would seem to permit chewing tobacco at work.

 

The law passed on December 10, 2009 goes into effect on May 1, 2010. It applies to any indoor workplace where at least one employee is performing work for the employer. The law would prohibit designated indoor smoking areas or rooms in the workplace.

 

The Michigan smoking ban also specifically prohibits an employer from retaliating against an employee who exercises his or her rights by objecting to smoking in the workplace.

Last 10 posts by Jolie

  1. Posted by: Bob

    Exempting the casinos certainly debunks the myth of bans not affecting business.

  2. Posted by: Amelia

    Hi Bob! Actually, smoking bans in other states have had little effect on the total amount that customers spend in bars and restaurants, when all of them are covered by smoking bans. While restaurant and bars within 20 miles of a state where smoking is allowed did suffer, total revenues statewide did not. Fears that customers would rather stay home and smoke than go out to eat or drink have proven unfounded. HTH, and thanks for reading the blogs!~ Amelia

  3. Posted by: Bob

    Here in Chicago, after two years, the ban is fading into forgotten history in many small neighborhood bars. There are a dozen or more small bars within 2 miles of my place ignoring the ban. It’s totally uneforcible. Restaurants are doing ok with higher turnover, and many smoking customers calling in “to go” orders. The only complaints called in are from people who get 86ed from a bar, even those that comply.

  4. Posted by: Amelia

    Hi Bob! Actually, the Illinois smoking ban is enforcable, but managers simply receive a ticket with a fine for non-compliance. Many bars permit smoking but have a “smoking kitty” where smokers drop a few dollars into the jar, to pay the fines for smoking. So far, it seems to work well for those business owners. (We disagree that the only people lodging complaints are bar patrons that have been kicked out.)
    The main effect of the ban is that groups of smokers no longer huddle just outside the doors of public places — they must be at least 15 feet away, and overall compliance is good.
    As you note, many restaurant owners feel the smoking ban has improved business because smokers are less inclined to linger now — they are in a rush to go outside for a smoke! Smoking is completely eliminated in restaurants and other public places, with no financial downside.
    Again, in every state that has implemented a smoking ban, the tax revenues from restaurants and bars are comparable to states that permit smoking. So while a few non-viable restaurants may have gone out of business, state-wide the total revenue spent in restaurants is the same. Oftentimes, it is easier for a restaurant or bar owner to blame the smoking ban than poor management or lack of capital for a business failure…but that doesn’t mean the information is accurate.
    Nevertheless, we report on employment law, we don’t make it. Our purpose is merely to keep employers and HR pros informed of the newest laws. HTH, and thanks for reading the blogs!~ Amelia