Maryland No Smoking Poster Details
The Maryland Clean Indoor Air Act is a statewide prohibition of smoking in virtually all indoor workplaces. The Maryland Clean Indoor Air Act and implementing regulations require the owner of a designated non-smoking area to post the Maryland No Smoking Poster in places accessible to the public.
- The Maryland No Smoking Poster must use the international No Smoking symbol and the words “No Smoking” to communicate the smoking prohibition. (Regulation 6E).
- The Maryland Clean Indoor Act Act Poster must be conspicuously posted in an indoor area open to the public and every public entrance to an indoor area that is open to the public.
Places where Smoking is Prohibited
The Maryland Clean Indoor Air Act prohibits smoking in the following facilities:
• Indoor areas open to the public
• Indoor meeting places open to the public
• Indoor places of employment, including restaurants and bars
• Mass transit vehicles
• Private homes or residences being used by a licensed day care or child care provider
• Private vehicles used for the public transportation of children or as part of health care or day care transportation
• Clubs with alcohol licenses
Violations, Retaliation and Defenses
Retaliation prohibited – An employer who discharges or discriminates against an employee because that employee has made a complaint, has given information to the Department in accordance with this subtitle, has caused to be instituted or is about to cause to be instituted a proceeding under this subtitle, or has testified or is about to testify in a proceeding under the Act, shall be deemed in violation of this Act and shall be subject to a civil penalty of at
least $2,000 but not more than $10,000 for each violation.
Defenses – It is an affirmative defense to a complaint brought against a person in charge of a designated no smoking area for a violation of a the Act that the person or an employee of the person:
(i) Posted the Maryland No Smoking poster as required by the Act and regulations;
(ii) Removed all ashtrays and other smoking paraphernalia from all areas where smoking is prohibited; and
(iii) If the violation occurred in a bar, tavern, or restaurant:
1. Refused to seat or serve any individual who was smoking in a prohibited area; and
2. If the individual continued to smoke after an initial warning, asked the individual to leave the establishment.