The Massachusetts Smoke-Free Workplace Law prohibits smoking in work spaces, common work areas, classrooms, conference and meeting rooms; offices; elevators; hallways; medical facilities; cafeterias; employee lounges; staircases; restrooms; restaurants, cafes, coffee shops, food courts or concessions; supermarkets or retail food outlets; bars, taverns, or in a place where food or drink is sold to the public and consumed on the premise as part of a business required to collect state meals tax on the purchase; in a train, airplane, theater, concert hall, exhibition hall, convention center, auditorium, arena, or stadium open to the public; in school, college, university, museum, library, health care facility, group child care center, school age child care center, family child care center, school age day or overnight camp building; or on premises where activities are licensed under section 38 of chapter 10 or in or upon any public transportation conveyance or in any airport, train station, bus station, transportation passenger terminal, or enclosed outdoor platform.
Violation and Penalties
Any owner, manager or other person in charge of the facility who violates the law shall be fined:
- a penalty of $100 for the first violation;
- a penalty of $200 for a second violation occurring within two years of the date of the first offense; and
- a penalty of $300 for a third or subsequent violation within two years of the second violation.
Posting Requirements
Persons in charge of facilities where smoking is prohibited must post “No Smoking” signs. The signs must be conspicuously posted so that the signs are clearly visible to all employees, customers, or visitors while in the workplace (M.G.L. Chapter 270, Section 229(g)).