.The Utah Indoor
Clean Air Act Compliance Checklist is developed to highlight
key points business managers, supervisors, and employees
particularly need to be aware of. It is not designed to
replace or supercede requirements stated in §
26-38-1 to 9 and Administrative
Rule 392-510-1 to 16. It will help identify key aspects
of the statute and rule that must be addressed. If you
need additional assistance, specific state a local health
department contacts are listed below.
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All
Applicable Items Should Be Checked Yes
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___*1 |
Smoking
is prohibited in all enclosed indoor places of public
access. §26-38-3(1) "Place of public access
is any enclosed place of business, commerce, banking,
financial servie, or other service-related activity, whether
publiccly or privately owned..., to which persons not
employed at the place have general and regular access
or which the public uses." §29-38-2(1) (Includes buildings,
offices, shops, elevators, restrooms restaurants, shopping
malls, arenas, theaters)
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| ___2. |
Smoking
is not allowed in any publicly owned buildings and offices.
(Libraries, court houses, etc.)
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___3. |
Outside
smoking designated areas are not allowed within 25 feet
of building entrances, exits,
air intakes, or windows. (I.e.- Ashtrays closer
are signed "No Smoking", "For extinguishing
cigarettes only- No Smoking", or similar)R 392-510-9(1)
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___4. |
There
is an employee policy in place that prohibits employees
from smoking within 25 feet of
building entrances, exits, air intakes, or windows. R
392-510-9(2)
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___5. |
In
a place where smoking is prohibited entirely, a sign using
the words "No Smoking is permitted in this establishment"
or a similar statement which includes a universal no-smoking
symbol must be posted. Signs must be easily readable
and unobscured. The words "No Smoking" must
be not less than 1.5" in height. R392-510-13
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___6. |
If
smoking is permitted, (only allowed if section §26-38-3(2)
(b), (c), (d), and (g) conditions are met), smoking areas
must be clearly indicated by appropriate signs, which
include the
international smoking symbol as per R392-510-13
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___7. |
Smoking
permitted areas are designed and operated to prevent the
drift of smoke outside the area. R392-510-6(1). (If you
can smell active tobacco smoke outside the area, assume
drift is
occurring).
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___8. |
All
smoking permitted areas meet specific HVAC, signage, and
other requirements of
§26-38-1 to 9 and R392-510 1 to 16.
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___9. |
In
nonpublic workplaces ( where only employees of a single
employer are allowed to enter, and no others except persons
who performs, deliveries, repairs and similar services
on an infrequent basis, may enter R392-510-2(14)) that
do not allow public access or are not publicly owned buildings or
offices, a written smoking policy is developed that: (1)
Prohibits smoking at the workplace; or (2) Restricts smoking
to designated enclosed smoking areas; or (3) Permits smoking
in unenclosed smoking areas if layout prevents smoke
in nonsmoking employee work areas, if 3/4 of the
employees in the workplace agree (as per anonymous and
monitored vote counting requirements). {Note: Local
health departments have the authority to require smoke-free
status if all conditions are not adequately met.}
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__10. |
Whenever
a break room is designated to be a smoking area, as provided
for under Section
§26-38-5(2)(b), the employer must provide a separate
smoking prohibited break room.
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__11. |
An
employer does not discriminate or take adverse action
against an employee or applicant
because that person has sought enforcement of provisions
of law (Title 26, Chapter 38,
R392-510), and/or the smoking policy of the workplace,
and/or otherwise protested the
smoking of others.
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*There are limited
UICAA exemptions for taverns, and other types of locations-
See § 26-38-3(2).
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| State
and Local Contacts |
For
basic information about the Utah Indoor Clean Air Act
and the health impacts of second hand smoke there are
three offices you can contact for assistance:
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Tobacco
Prevention and Control Program, Utah Department of Health
1-877-220-3466 (toll-free; in-state); (801) 538-6260 |
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Office
of Epidemiology, Utah Department of Health
(801) 538-6754 |
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Local
Health Department Contacts
Lists local health department contacts by county
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| Other
Useful Information |
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Utah Indoor Clean
Air Act Statute and Rule |
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How to
Develop Smoking Policies |
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Utah
Tobacco Cessation Directory
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