Division of Labor and Industry


Notice of Emergency Action - Prohibition on Smoking in an [Enclosed Workplace] Indoor Place of Employment


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Emergency Action on Regulations

Title 09

09.12.23 Prohibition on Smoking in an [Enclosed Workplace] Indoor Place of Employment

Authority: Labor and Employment Article, §§2-106(b)(4), 5-312, and 5-608(b), Annotated Code of Maryland

Notice of Emergency Action


The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to the amendment of Regulations .01 and .03, the repeal of existing Regulations .02 and .04, the adoption of new Regulation .02, and the amendment and recodification of existing Regulation .05 to be Regulation .04, under COMAR 09.12.23 Prohibition on Smoking in an Indoor Place of Employment.

Emergency status began: September 17, 2007.

Emergency status expires: March 16, 2008.

Comparison to Federal Standards

There is no corresponding federal standard to this emergency action.

Economic Impact on Small Businesses

The emergency action has minimal or no economic impact on small businesses.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) [Enclosed Workplace.] "Indoor place of employment" includes, but is not limited to:

[(a) "Enclosed workplace" means an indoor place of employment.

(b) "Enclosed workplace" includes, but is not limited to:]

[(i)] (a) (text unchanged)

[(ii)] (b) A vehicle other than a private vehicle as used in Health-General Article, §24-505(1), Annotated Code of Maryland, when an employee uses it in the course of employment and it is occupied by more than one employee;

[(iii)] (c) - [(xi)] (k) (text unchanged)

[(2) "Smoking" means to use or carry any lighted:

(a) Cigar;

(b) Cigarette;

(c) Pipe; or

(d) Other tobacco product of any kind.]

(2) "Private vehicle", as used in Health-General Article, §24-505(1), Annotated Code of Maryland, means:

(a) An individual's own vehicle being used for nonemployment purposes; or

(b) An individuals own vehicle, when used in the course of employment and occupied by only one individual.

(3) "Smoking" means the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco.

.02 Exclusions.

This chapter does not apply to:

A. Private homes;

B. Residences, including residences used as a business or place of employment, unless being used by a person who is licensed or registered under Family Law Article, Title 5, Subtitle 5, Annotated Code of Maryland, to provide day care or child care;

C. Private vehicles, unless being used for the public transportation of children, or as part of health care or day care transportation;

D. A hotel or motel room rented to one or more guests as long as the total percent of hotel or motel rooms being so used does not exceed 25 percent;

E. A retail tobacco business that is a sole proprietorship, limited liability company, corporation, partnership, or other enterprise, in which:

(1) The primary activity is the retail sale of tobacco products and accessories; and

(2) The sale of other products is incidental;

F. Any facility of a manufacturer, importer, wholesaler, or distributor of tobacco products or of any tobacco leaf dealer or processor in which employees of the manufacturer, importer, wholesaler, distributor, or processor work or congregate; or

G. A research or educational laboratory for the purpose of conducting scientific research into the health effects of tobacco smoke.

.03 Employer Requirements.

[Except as provided in Regulation .04 of this chapter, an] An employer shall:

A. Ensure that in an [enclosed workplace] indoor place of employment there is no smoking; and

B. Post at each entrance to [a] an indoor place of employment [having an enclosed workplace] a sign stating that smoking is not permitted.

[.05] .04 Interpretation.

This chapter may not be construed to [:

A. Require an employer to provide a designated smoking area as permitted by Regulation .04 of this chapter; or

B. Prevent] prevent an employer from prohibiting smoking in areas not covered by [this chapter] Labor and Employment Article, §5-608(a), Annotated Code of Maryland.

Commissioner of Labor and Industry