Ohio Code 3794.02 – Smoking prohibitions
Smoking Prohibitions.
Terms Used In Ohio Code 3794.02
- Employee: means a person who is employed by an employer, or who contracts with an employer or third person to perform services for an employer, or who otherwise performs services for an employer for compensation or for no compensation. See Ohio Code 3794.01
- Employer: means the state or any individual, business, association, political subdivision, or other public or private entity, including a nonprofit entity, that employs or contracts for or accepts the provision of services from one or more employees. See Ohio Code 3794.01
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Place of employment: means an enclosed area under the direct or indirect control of an employer that the employer's employees use for work or any other purpose, including but not limited to, offices, meeting rooms, sales, production and storage areas, restrooms, stairways, hallways, warehouses, garages, and vehicles. See Ohio Code 3794.01
- Proprietor: means an employer, owner, manager, operator, liquor permit holder, or person in charge or control of a public place or place of employment. See Ohio Code 3794.01
- Public place: means an enclosed area to which the public is invited or in which the public is permitted and that is not a private residence. See Ohio Code 3794.01
- Smoking: includes the use of an electronic smoking device and a vapor product. See Ohio Code 3794.01
(A) No proprietor of a public place or place of employment, except as permitted in section 3794.03 of this chapter, shall permit smoking in the public place or place of employment or in the areas directly or indirectly under the control of the proprietor immediately adjacent to locations of ingress or egress to the public place or place of employment.
(B) A proprietor of a public place or place of employment shall ensure that tobacco smoke does not enter any area in which smoking is prohibited under this chapter through entrances, windows, ventilation systems, or other means.
(C) No person or employer shall discharge, refuse to hire, or in any manner retaliate against an individual for exercising any right, including reporting a violation, or performing any obligation under this chapter.
(D) No person shall refuse to immediately discontinue smoking in a public place, place of employment, or establishment, facility or outdoor area declared nonsmoking under section 3794.05 of this chapter when requested to do so by the proprietor or any employee of an employer of the public place, place of employment or establishment, facility or outdoor area.
(E) Lack of intent to violate a provision of this chapter shall not be a defense to a violation.