Maryland Laws on Smoking in the Workplace

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

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

Workplace smoking laws apply to any indoor work area.

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

Smoking is prohibited throughout the entire indoor workplace. Employers must post "no smoking" notices at each entrance to the workplace. Maryland laws don’t address the specific areas of a workplace where smoking may be permitted. Remember that some workplaces might already be subject to Maryland or local laws that regulate smoking in public, or smoking in or around certain kinds of businesses.

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

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

Does Maryland require employers to make accommodations for nonsmokers?

Maryland 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 Maryland?

Maryland laws don’t address employer policies on smoking in the workplace. Local laws regulating smoking -- at the city, county, or town level -- may require employers to have a policy on smoking in some areas. And even though it’s not required by law in Maryland, employers are generally free to adopt policies on smoking in the workplace if they choose to.

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

An employer may not discharge or discriminate against an employee because that employee has made a complaint or charge against the employer under this law or or has testified or is about to testify in a proceeding regarding this law.

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

If you want to go right to the source and look up Maryland 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 Md. Code Ann. [Health-Gen] Sections 24-501 and following, as well as Md. Regs. Code Sections 09.12.23.01 to 09.12.23.04. 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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