Smoking in the Workplace: What Employers in Clark County, Nevada Need to Know

Employers in Clark County, Nevada must develop and publish a policy on smoking in the workplace, designating areas for smoking and non-smoking. This is in accordance with NRS § 202.2483, which makes it a misdemeanor crime to smoke in many indoor public spaces, including areas of casinos where gambling is not allowed. Smoking now includes not only traditional cigarettes and cigars, but also e-cigarettes and vaping. Park MGM is a non-smoking casino, which is more restrictive than required by NRS 202.2483. Employees must be informed of the laws regarding smoking in the workplace.

If customers, employees, or visitors are seen smoking or vaping indoors, they should be told not to do so. Smoking and vaping are prohibited in areas where employees work or pass through while on duty. Compliance with the law on smoking in public places and with chapter 24.20 of the Clark County Code is the responsibility of the owner, manager, operator, or other person in charge of an area open to the public or workplace. With the exception of designated outdoor areas for smoking or vaping, smoking in closed workplaces is prohibited in Nevada. If a violation is reported to Clark County Public Health, employers must take action to ensure compliance with the law.

Business owners have full authority to designate non-smoking sections in areas that would otherwise allow smoking. Secondhand smoke contributes to approximately 41,000 deaths among non-smoking adults and 400 infants each year in the United States. The no-smoking area must be a minimum of 30 feet away from the entrance or exit of any public building so that no person entering or leaving the building can smell smoke. The Smoking in Public Places Act (RCW 70,160) is a state law that prohibits smoking in public places and workplaces to protect employees and the public from second-hand smoke. The Clark County Department of Public Health will enforce the law on smoking in public places and the Clark County Code 24.20 for businesses, including bars and restaurants. Employers cannot require employees to work in or within 25 feet of designated outdoor areas for smoking or vaping. As an employer in Clark County, Nevada it is important to understand your responsibilities when it comes to smoking in the workplace.

It is essential that you create a policy that outlines where smoking and vaping are allowed and where they are not allowed. You must also ensure that your employees are aware of this policy and that they comply with it. Additionally, you must ensure that your business complies with NRS § 202.2483 as well as chapter 24.20 of the Clark County Code. This includes making sure that any designated outdoor areas for smoking or vaping are at least 30 feet away from any entrance or exit of a public building.

Finally, you must take action if any violations are reported to Clark County Public Health.

Guilherme González
Guilherme González

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