Utah Indoor Clean Air Act

Utah Indoor Clean Air Act Amendments- Non-Public Work Places

The 2006 Utah Indoor Clean Air Act amendments provide additional protection for workers in areas where smoking was previously allowed.

Under the 1995 law, a workplace with no public access could provide smoking areas for employees if they met conditions of Section 26-38-5. The Amendments repeal this section.

Effective May 1, 2006, all non-public workplace areas are required to be smoke free.


What it Means

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Beginning May 1, 2006 smoking can no longer be allowed in break rooms or similar locations in businesses that qualified for the previous exemption.

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Existing break rooms and smoking areas are NOT "grand fathered/grand mothered in" and cannot allow smoking after May 1, 2006.

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It is the responsibility of building and business owners to communicate the changes in the law to employees and to assure compliance with the 2006 Amendments.

Non-Public Workplace Questions

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How do we implement this?

Let your employees know that all existing indoor break rooms and smoking areas previously allowed will become smokefree on May 1, 2006.

Review current company smoking policies and modify them, if necessary, to reflect the latest changes in the Utah Indoor Clean Air Act.

Establish or reiterate the existing procedure that will be followed by managers and supervisors if there are violations of the Utah Indoor Clean Air Act by employees.

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Since my company already has a smoking area, can't we keep it?

No. Effective May 1, 2006 all previously indoor non-publicly accessible workplaces that allowed smoking must become smoke free.

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If our company's smoking area is outside, will the changes effect us?

Yes it could- the administrative rule initially allowed smoking closer than 25 feet at an entrance or exit that had double vestibule doors. That has changed and currently smoking may not be allowed at a minium of 25 feet away from all building entrances, exits, air intakes, or open windows. Owners, operators, or agents also have the right, under the rule, to impose stricter (further away or no smoking at all) outdoor smoking restrictions.

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What are the penalties for violating the Utah Indoor Clean Air Act?

Civil monetary penalties can be assessed by state and local health departments on those persons who violate provisions of the UICAA. For a first violation of Section 26-38-3 a civil penalty of up to $100 may be imposed. For a second or subsequent violation the individual is subject to a penalty of not less than $100 and not more than $500.

Failure to abide by the Utah Indoor Clean Air Act requirements and failure to respond to orders by state or local health departments to comply may also be subject to civil penalty of up to $10,000 (which can be assessed on a per occurrence basis) and class B and A misdemeanor criminal penalties according to Section 26-23-6 .

By carefully reviewing requirements of the UICAA statute and administrative rule, businesses can avoid being penalized. State and local health departments are readily available to address any questions you may have about the 2006 UICAA.


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