Ohio's Smoke Free Workplace Act
The Law and Rules
On Nov. 7, 2006, the voters of Ohio supported Issue 5, a statute which set into law a requirement that all public places and places of employment in Ohio prohibit smoking. The new law went into effect thirty days after the voters passed the law on Dec. 7, 2006. The law required the Ohio Department of Health (ODH) to write administrative rules to further define the law and enforcement.
The Administrative Rule for ORC 3794. had an effective date of May 3, 2007. The rules further defined the law and enforcement by outlining the responsibilities of proprietors and individuals. They clarify the posting requirements for signs, outline due process for proprietors and individuals and state fines and penalties for violations.
The law and rules for the State pre-empt any less restrictive local ordinances dealing with smoking.
Last updated: 5/24/12