California Workplace Smoking Restrictions

A cloud of cigarette smoke.

Update: September 2024 to reflect SB626 (2023-2024)

This guidance summarizes the provisions of Labor Code section 6404.5 prohibiting smoking in places of employment. This summary must not be relied upon as legal advice. Refer to section 6404.5 for details.

General Provision

No employer shall knowingly or intentionally permit, and no person shall engage in, the smoking of tobacco products in an enclosed space at a place of employment.

Enforcement

This law will be enforced by local law enforcement agencies, including but not limited to, local health departments.

For workplaces covered by Labor Code section 6404.5 Cal/OSHA is required to respond to complaints regarding smoking in places of employment only after the employer has been found guilty by local agencies of three violations of this law within the previous year. Complaints received by Cal/OSHA regarding smoking in workplaces not covered by Labor Code section 6404.5 smoking restrictions (see Workplace Exceptions below) will result in a letter directing the employer to investigate and correct the problem.

Workplace Exceptions

  • Retail or wholesale tobacco shops and private smoker’s lounges.
  • Truck cabs or truck tractors, if no nonsmoking employees are present.
  • Theatrical production sites, if smoking is an integral part of the production’s story.
  • Medical research or treatment sites, if smoking is integral to the research or treatment being conducted.
  • Private residences, except for homes licensed as family day care homes, during the hours of operation and in those areas where children are present.
  • Patient smoking areas in long-term health care facilities.

Maximum Fines from Local Agencies

  • 1st violation - $100
  • 2nd violation - $200
  • 3rd violation - $500

Maximum Fines from Cal/OSHA

After a 3rd violation within the previous year, Cal/OSHA is required to investigate complaints and may cite employers with fines up to $7,000 for violations classified as general or serious, and fines up to $70,000 for violations classified as willful serious. Violations can be classified as serious depending upon specific circumstances. For example, where the exposure to secondhand smoke causes a serious asthma attack that could have been prevented, the violation may be cited as serious.

Adequate Compliance Measures  

  1. Post clear and prominent signs stating "No Smoking" at entrances to buildings that are places of employment.
  2. Request that nonemployees smoking in prohibited areas refrain from doing so unless such a request would involve a risk of physical harm to the employer or any employee. Employers are not required to physically remove smoking nonemployees from workplaces.

Supersedes Local Laws

Labor Code section 6404.5 supersedes and pre-empts local laws, ordinances, and regulations with respect to smoking in enclosed places of employment. However, the law does not supersede local authority to regulate work environments exempted from coverage in the law and to require provision of breakrooms for smokers and nonsmokers. This law also does not prevent employers from enacting more restrictive smoking prohibitions in their workplaces.

September 2024