IBA: Indiana's No-Smoking Law and Potential Penalties to Employers for Failure to Adhere

Back to TopCommentsE-mailPrintBookmark and Share

By Christopher S. Drewry,

Drewry Simmons Vornehm LLP

The IndyBar Labor & Employment Section posts articles written by Executive Committee members on its section page throughout the year. Check out one article below and visit the section webpage at

Back in March (and mixed in with other notable legislative changes like Right to Work and Restricting Access to Conviction Records), Governor Mitch Daniels signed into law a bill imposing statewide restrictions on smoking in public places. This law went into effect on July 1, 2012, and will affect all Indiana employers. While employers likely have already taken certain actions under this new law, the failure to follow the provisions could result in steep penalties, up to and including $10,000 in fines.

If you recall, smoking is now prohibited in most Indiana workplaces (exceptions being places like riverboats, horse racing facilities and other gaming facilities, retail tobacco stores, and bars that do not employ individuals under the age of 18 or allow individuals under the age of 21, other than employees, to enter, among other things). The law requires employers to prohibit smoking in areas within eight feet of a public entrance to a “place of employment” or a “public place.”

Additionally, since July 1st, employers have had additional obligations beyond merely prohibiting smoking. First, all employees and prospective employees must be informed of the smoking prohibition applying to the place of employment. This could be accomplished by including it in the employee handbook, or for prospective employees, by inserting a statement about the policy in the employment application. Next, employers are required to remove any and all ashtrays and smoking paraphernalia from all areas of public places and places of employment where such smoking is prohibited. Lastly, employers must post “conspicuous signs” at each public entrance which says “State Law Prohibits Smoking Within 8 Feet of this Entrance.” For those businesses that fall under the exception to this prohibition, they too must post conspicuous signs that read “WARNING: Smoking Is Allowed In This Establishment” or some other similar language.

While an individual who smokes where prohibited commits a Class B infraction (or up to a Class A infraction with at least three prior infractions), employers too may be penalized where they fail to abide by the three aforementioned proactive obligations. State agencies, including the State Department of Health, county health departments, and law enforcement agencies can issue fines ranging from $1,000 for a first violation up to $10,000 if there are three violations, and employers may also be enjoined for a failure to abide by the provisions of the law.

Finally, one other potential issue for employers in dealing with the prohibition of smoking is the fact that Indiana also has a statute prohibiting discrimination against smokers in employment and hiring. Further, the Americans with Disabilities Act may come into play for individuals who suffer diseases as a result of smoking.

Ultimately, it is important that employers be aware of the smoking ban and to implement the proper procedures in adherence of the rules. Additionally, it is important to note that the state law specifically authorizes local governments to enact more restrictive ordinances. Therefore, employers must follow the requirements of the more restrictive local ordinances over the state ban. Whether it involves the employer’s upfront obligations with the state law or other local ordinance, the smoking policies that have been put into place, or the enforcement of rules, counsel should take notice of the potential issues that can arise with the no-smoking law and ensure that their clients are in compliance.•


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.