Maine Laws on Smoking in the Workplace

Information on Maine workplace smoking laws, including accommodations for smokers and employer policies on smoking.

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What kinds of workplaces are subject to Maine workplace smoking laws?

Workplace smoking laws apply to structurally enclosed business facilities.

In Maine, in what parts of the workplace is smoking prohibited? Where is smoking permitted?

An employer may prohibit smoking throughout entire workplace. Smoking is permitted in designated smoking areas, meaning an outdoor area where smoking is permitted, which must be at least 20 feet from entryways, vents and doorways.

What are the requirements for designated smoking areas in Maine workplaces?

Maine does not require employers to create designated smoking areas or provide other accommodations for smokers in the workplace.

Does Maine require employers to make accommodations for nonsmokers?

Maine doesn’t specifically require employers to provide workplace accommodations for nonsmoker employees.

Are employers required to have a written or oral policy on workplace smoking in Maine?

Maine employers must have a written policy concerning smoking and nonsmoking rules. The state bureau of health will assist employees and employers with creating a policy.

Does Maine provide employees with protection from smoking-related discrimination?

An employer may not discriminate or retaliate against employee for assisting with enforcement of workplace smoking laws. As long as an employee follows the workplace smoking policy, an employer may not discriminate in wages, benefits, or terms of employment because of use of tobacco products outside of work, or require an employee to refrain from tobacco use as a condition of employment.

Where can I find Maine law information on smoking in the workplace?

If you want to go right to the source and look up Maine law on workplace smoking laws -- or if you're writing a letter to your employer or employee and want to cite the applicable law -- the relevant statute(s) can be found at Me. Rev. Stat. Ann. tit. 22, Sections 1580-A; tit. 26, Section 597. Workplace smoking information is also available in Nolo's books Your Rights in the Workplace, by Barbara Repa (Nolo) and The Employer's Legal Handbook, by Fred Steingold (Nolo).

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