Utah Laws on Smoking in the Workplace

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

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

Workplace smoking laws apply to all enclosed indoor workplaces unless owner-operated with no employees and not open to the public. Exceptions include vehicles that are workplaces when not occupied by nonsmokers.

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

Smoking is prohibited throughout the entire workplace, and within 25 feet of any entranceway, exit, open window, or air intake of a building where smoking is prohibited. An employer can choose to prohibit smoking outdoors. Utah laws don’t address the specific areas of a workplace where smoking may be permitted. Remember that some workplaces might already be subject to Utah 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 Utah workplaces?

In Utah, any enclosed area where smoking is permitted must be designed and operated to prevent exposure of persons outside the area to tobacco smoke generated in the area.

Does Utah require employers to make accommodations for nonsmokers?

Utah 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 Utah?

Utah employers must establish a policy to prohibit employee smoking within 25 feet of any entranceway, exit, open window, or air intake of a building where smoking is prohibited.

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

An employer may not discriminate or take any adverse action against an employee or applicant because that person has sought enforcement of the provisions of this law or the smoking policy of the workplace or otherwise protests the smoking of others.

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

If you want to go right to the source and look up Utah 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 Utah Code Ann. Sections 26-38-2 and 26-38-3; Utah Admin. Code Section R392-510-1 to R392-510-14. 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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