Indiana Statewide Smoking Prohibition
Indiana law (IC 7.1-5-12) prohibits smoking in (1) a public place, (2) a place of employment, and (3) in government vehicles. The law also prohibits smoking within 8 feet of the entrance to a public place or place of employment. A “public place” is defined as an enclosed area of a structure in which the public is invited or permitted. A “place of employment” means an enclosed area of a structure that is a place of employment. Smoking is also prohibited in enclosed hallways, elevators, or other common areas. Certain establishments are exempt from the law including cigar and hookah bars, designated smoking rooms within retail tobacco stores, taverns, gaming establishments, private clubs and private residences.
Posting the Indiana No Smoking Poster
Indiana law requires employers to take measures to ensure that there is no smoking on premises where smoking is prohibited. This includes:
- informing each of the employer’s employees and prospective employees of the smoking prohibition applying to the place of employment, and
- removing ashtrays or other smoking paraphernalia from areas of the public place or place of employment where smoking is prohibited.
In addition to informing employees of the smoking prohibition, the law specifically law requires an owner, operator, manager, or official in charge of a public place or place of employment to post the Indiana No Smoking Poster at each public entrance to the premises. The Indiana No Smoking Poster contains specified statutory language regarding the smoking distance from each entrance to the premises.
The law may be enforced by a local health department, a health and hospital corporation or the division of fire and building safety. A person who smokes in an area where smoking is prohibited may be charged with a Class B or Class A infraction for repeated violations. An owner, manager, operator, or official in charge of a public place or place of employment who violates the law may be charged with a Class B or Class A infraction for repeated violations.