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Florida expands indoor smoking ban to cover vaping

06/06/19

Author: ADP Admin/Tuesday, June 4, 2019/Categories: Compliance Corner , State Compliance Update, Florida

Overview:  Florida has enacted legislation (Senate Bill 7012) that adds vaping to its ban on smoking in enclosed indoor workplaces. 

Effective Date: July 1, 2019

Details:

Florida has enacted legislation (Senate Bill 7012) that adds vaping to its ban on smoking in enclosed indoor workplaces. 

The law defines “vaping” as inhaling or exhaling vapor produced by a vapor-generating electronic device or possessing a vapor-generating electronic device while that device is actively employing an electronic, chemical, or mechanical means designed to produce vapor or aerosol from a nicotine product or any other substance. The term does not include the mere possession of a vapor-generating electronic device.

Policy Required:

Employers must develop and implement a policy on anti-smoking and anti-vaping in the workplace.

Exceptions:

The ban on smoking and vaping doesn’t apply to:

·      Retail tobacco or vape shops;

·      Standalone bars;

·      Designated smoking or vaping guest rooms at public lodging establishments;

·      Private residences whenever they aren’t being used commercially to provide child care, adult care, or health care;

·      Workplaces where approved smoking/vaping cessation programs, medical research, or scientific research are conducted; and

·      Customs smoking rooms in airport lounges.

 

Action Required:  Florida employers should review their policies to ensure that they prohibit both smoking and vaping in indoor workplaces.  Please contact your dedicated service professional with any questions. 

This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.

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Tags: 06/06/19

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