Kansas Smoking Ban Takes Effect

The Kansas smoking ban, which took effect July 1, 2010, prohibits smoking in most indoor public places and enclosed areas at places of employment, including within 10 feet of any doorway, open window, or air intake of a building where smoking is prohibited.

"Place of employment" is defined as any enclosed area under the control of a public or private employer, including, but not limited to, work areas, auditoriums, elevators, private offices, employee lounges and restrooms, conference and meeting rooms, class rooms, employee cafeterias, stairwells and hallways, that is used by employees during the course of employment. For purposes of this section, a private residence shall not be considered a "place of employment" unless such residence is used as a day care home, as defined in K.S.A. 65-530, and amendments thereto.

"Enclosed area" means all space between a floor and ceiling that is enclosed on all sides by solid walls, windows or doorways which extend from the floor to the ceiling, including all space therein screened by partitions that do not extend to the ceiling or are not solid or similar structures. For purposes of this section, the following shall not be considered an "enclosed area": (1) rooms or areas, enclosed by walls, windows or doorways, having neither a ceiling nor a roof and that are completely open to the elements and weather at all times; and (2) rooms or areas, enclosed by walls, fences, windows or doorways and a roof or ceiling, having openings that are permanently open to the elements and weather and that comprise an area that is at least 30 percent of the total perimeter wall area of such room or area.

The Kansas Department of Health and Environment has created www.kssmokefree.org, a special website to provide compliance assistance. The website includes a Business Toolkit, which lists the following steps businesses should take to get into compliance with this new law:

• Adopt a written smoking policy to prohibit smoking in all areas of employment, and communicate the policy to employees.
• Remove all ashtrays and matches.
• Ask any person violating the law to stop smoking. Remind customers of the law and politely explain that they must step outside to smoke. Train your staff about what to say to customers. For example: "We're now smoke-free. You'll have to put out your cigarette," or "The new law prohibits smoking indoors. Thanks for your cooperation."
• Refuse service to any person who continues to violate the law.
• Ask individuals violating the law to leave.
• Notify law enforcement if the person refuses to comply.

If you have questions about this new law, contact the attorney you regularly consult with at Armstrong Teasdale, LLP or:

John Vering / 816.221.3420
jvering@armstrongteasdale.com