Chapter 04-198

2004 -- S 2029 SUBSTITUTE B

Enacted 06/29/04

A N A C T

RELATING TO HEALTH AND SAFETY --

RHODE ISLAND WORKERS' SAFETY ACT OF 2004

Introduced By: Senators Sosnowski, Roberts, Lenihan, Polisena, and Sheehan

Date Introduced: January 08, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Chapters 23-20.6, 23-20.7 and 23-20.7.1 of the General Laws entitled

"Smoking in Public Places" are hereby repealed in their entirety.

CHAPTER 23-20.6

Smoking in Public Places

23-20.6-1. Legislative intent. -- The use of tobacco for smoking purposes is being found

to be increasingly dangerous, not only to the person smoking, but also to the non-smoking person

who is required to breathe the contaminated air. The most pervasive intrusion of the non-smoker's

right to unpolluted air space is the uncontrolled smoking in public places. The legislature intends,

by the enactment of this chapter, to protect the health and atmospheric environment of the non-

smoker by regulating smoking in certain public areas.

23-20.6-2. Smoking prohibited in certain public areas -- Smoking sections in eating

facilities. -- (a) Smoking tobacco in any form is a public nuisance and dangerous to public health

and shall not be permitted in any of the following places used by or open to the public: the state

house, elevators, indoor movie theaters, libraries, art galleries, museums, concert halls,

auditoriums, buses, primary, secondary or post secondary school buildings, colleges and

universities (including dormitories), and public hallways in court buildings, hallways of elderly

housing complexes, supermarkets, medical offices, public laundries as defined in chapter 16 of

title 5 and hospitals and other health care and assisted living facilities.

(b) The proprietor or other person in charge of a public area listed in subsection (a) shall

make reasonable efforts to prevent smoking and shall post no smoking and warning signs

conspicuously in these areas.

(c) Any person who violates this chapter shall be deemed to be contributing to the

maintenance of a public nuisance in a public place and shall be subject to a fine of not less than

fifty dollars ($50.00), nor more than five hundred dollars ($500), which shall be assessed and

recovered in a civil action brought by the attorney general in any court of competent jurisdiction.

Each day the violation is committed or permitted to continue shall constitute a separate offense

and shall be punishable as such. Any penalty assessed and recovered in an action brought under

this subsection shall be paid to the general treasurer and added to the general fund.

(d) This section does not prohibit smoking in the areas listed in subsection (a) if the

smoking is confined to areas separated from those used by the general public and identified by

signs as smoking areas.

(e) (1) Eating facilities with a seating capacity of fifty (50) or more persons shall have

separate seating for nonsmokers and smokers. For purposes of this section, an "eating facility"

means any building, structure, room or area maintained as, or held out to the public as, an

enclosure where meals are served for consideration of payment; excluded, however, are bars,

nightclubs, lounges, dance clubs, and privately sponsored social affairs. Appropriate

arrangements shall be made to ask patrons their preference for the non-smoking or smoking

section prior to being seated.

(2) The proprietor or person in charge of the eating facility shall post signs as follows:

(A) At the entry stating that the establishment is required by law to have a no-smoking

section; and

(B) In the smoking sections identifying the area.

(3) The department of health is authorized to adopt rules and regulations necessary for

the implementation and enforcement of this subsection.

23-20.6-3. Severability. -- If any section, subsection, sentence, clause, phrase, or portion

of this chapter is for any reason held invalid or unconstitutional by any court of competent

jurisdiction, that portion shall be deemed a separate, distinct, and independent provision and this

holding shall not affect the validity of the remaining portions of this chapter.

23-20.6-4. Signs. -- Signs required by this chapter may be provided by the state

department of health at cost.

CHAPTER 23-20.7

Workplace Smoking Pollution Control Act

23-20.7-1. Legislative intent. -- The use of tobacco for smoking purposes is being found

to be increasingly dangerous, not only to the person smoking but also to the nonsmoking person

who is required to breathe the contaminated air. The most pervasive intrusion of the nonsmoker's

right to unpolluted air space is the uncontrolled smoking in the workplace. The legislature

intends, by the enactment of this chapter, to protect the health and atmospheric environment of

the nonsmoker by regulating smoking in the workplace.

23-20.7-2. Short title. -- This chapter shall be known as the "Rhode Island Workplace

Smoking Pollution Control Act".

23-20.7-3. Purpose. -- (a) Because the smoking of tobacco or any other weed or plant is

a danger to health and is a cause of material annoyance and discomfort to those who are present

in confined places, the legislature declares that the purposes of this chapter are:

(1) To protect the public health and welfare by regulating smoking in the workplace; and

(2) To minimize the toxic effects of smoking in the workplace by requiring an employer

to adopt a policy that will accommodate, insofar as possible, the preferences of nonsmokers and

smokers.

(b) This chapter is not intended to create any right to sue or to impair or alter an

employer's prerogative to prohibit smoking in the workplace. If an employer allows employees to

smoke in the workplace, this chapter requires:

(1) That the employer make reasonable accommodations for the preferences of both

nonsmoking and smoking employees, particularly those employees who, as a result of physical

condition, are unduly sensitive to tobacco smoke;

(2) All nonsmoking areas shall be designated and conspicuously marked with signs;

(3) Employers are prohibited from terminating, without due cause, or discriminating

against an employee solely because the employee exercised his or her right under this chapter.

23-20.7-4. Definitions. -- As used in this chapter:

(1) "Employee" means any person who is employed by any employer in consideration

for direct or indirect monetary wage or profit;

(2) "Employer" means any person who employs the service of an individual person;

(3) "Enclosed" means closed in by a roof and four walls with appropriate openings for

ingress and egress and is not intended to mean areas commonly described as public lobbies;

(4) "Legislature" means the general assembly of the state of Rhode Island;

(5) "Person" means any individual person, firm, partnership, association, corporation,

company, organization, or legal entity of any kind;

(6) "Smoking" or "to smoke" or "smoke" means and includes the inhaling, exhaling,

burning, or carrying of any lighted smoking equipment or paraphernalia for tobacco or any other

weed or plant; and

(7) "Workplace" means any enclosed area of a structure or portion of the structure

intended for occupancy by business entities which will provide primarily, but not exclusively,

clerical, professional, or business services of the business entity, or which will provide primarily,

but not exclusively, clerical, professional, or business services to other business entities or to the

public, at that location. The workplace includes, but is not limited to, office spaces in office

buildings, office spaces in all state and municipal office buildings, office spaces in all federal

office buildings where other than federal employees are present, medical office waiting rooms, all

factory or manufacturing plant areas, libraries, museums, hospitals, nursing homes, other medical

treatment facilities, and in all the mentioned places.

23-20.7-5. Regulation of smoking in the workplace. -- (a) Each employer who operates

a workplace in this state shall within three (3) months of adoption of this chapter adopt,

implement, and maintain a written smoking policy which will contain, at a minimum, a policy

which is designed to protect the health and atmospheric environment of the nonsmoker and to

ensure a comfortable environment for all employees, and the requirement that any nonsmoking

employee may object to his or her employer about the smoke hazard or discomfort in his or her

workplace. Using existing means of ventilation or separation or partition of the work space:

(1) The employer shall attempt to reach a reasonable accommodation to protect the

health and atmospheric environment of the nonsmoking employees and to ensure a comfortable

environment for all employees.

(2) The employer shall either make accommodations or completely prohibit smoking in

those areas of the workplace where nonsmoking employees may reasonably be expected to be

adversely affected by passive cigarette smoke.

(b) The employer's smoking policy shall be announced within three (3) weeks of

adoption to all employees working in workplaces in this state and posted conspicuously in all

workplaces under the employer's jurisdiction.

(c) The director of the department of health shall promulgate rules and regulations to

enforce the provisions of this chapter.

23-20.7-6. Where smoking not regulated. -- This chapter is not intended to regulate

smoking in the following places and under the following conditions within the state:

(1) A private home which may serve as a workplace;

(2) Any office space leased or rented by a sole independent contractor for his or her own

use;

(3) A private enclosed workplace occupied exclusively by smokers, even though this

workplace is visited by nonsmokers, excepting places in which smoking is prohibited by the fire

marshal or by other law, ordinance, or regulation.

23-20.7-7. Penalties and enforcement. -- (a) The department of health, having received

a written and signed letter of complaint from an employee citing a violation of this chapter, shall

enforce this entire chapter against violations by either of the following actions:

(1) Serving written notice to comply to an employer, with a copy of the notice to the

complaining employee, requiring the employer to correct within ten (10) days any violation of a

section of this chapter.

(2) Upon receiving a second complaint at the department of health for the same or

continued violation by the same employer, the complaint shall be resolved by calling upon the

attorney general to maintain, without delay, an action for injunction to enforce the provisions of

this chapter, to cause the correction of this violation, and for assessment and recovery of a civil

penalty for this violation.

(b) An employer who violates this chapter shall be liable for a civil penalty, not to be

less than fifty dollars ($50.00) nor to exceed five hundred dollars ($500) which shall be assessed

and recovered in a civil action brought by the attorney general in any court of competent

jurisdiction. Each day the violation is committed or permitted to continue shall constitute a

separate offense and shall be punishable as a separate offense. Any penalty assessed and

recovered in an action brought pursuant to this subsection shall be paid to the general treasurer

and added to the general fund.

(c) In undertaking the enforcement of this chapter, the state is assuming an undertaking

only to promote the general welfare. It is not assuming, nor is it imposing on its officers and

employees, an obligation for breach of which it is liable in money damages to any person who

claims that this breach proximately caused injury.

CHAPTER 23-20.7.1

Off-Duty Rights to Privacy by Employees

23-20.7.1-1. Prohibited condition of employment -- Smoking by employees outside

course of employment. -- (a) No employer or agent of any employer shall require, as a condition

of employment, that any employee or prospective employee refrain from smoking or using

tobacco products outside the course of his or her employment, or otherwise discriminate against

any individual with respect to his or her compensation, terms, conditions, or privileges of

employment for smoking or using tobacco products outside the course of his or her employment.

Provided, however, that the following employers shall be exempt from the provisions of this

chapter: Any employer which is a nonprofit organization which as one of its primary purposes or

objectives discourages the use of tobacco products by the general public.

(b) In any civil action alleging a violation of this chapter the court may:

(1) Award up to three (3) times the actual damages to a prevailing employee or

prospective employee;

(2) Award court costs to a prevailing employee or prospective employee;

(3) Afford injunctive relief against any employer who commits or proposes to commit a

violation of this chapter.

(c) Nothing contained in this chapter shall be construed to affect the provisions of

chapter 20.7 of this title.

     SECTION 2. Title 23 of the General Laws entitled "Health and Safety" is hereby

amended by adding thereto the following chapter:

CHAPTER 20.10

PUBLIC HEALTH AND WORKPLACE SAFETY ACT

23-20.10-1. Short title. – This chapter shall be known as the “Public Health and

Workplace Safety Act.”

23-20.10-2. Definitions. – The following words and phrases, whenever used in this

chapter, shall be construed as defined in this section:

(1) “Assisted living residence” means a residence that provides personal assistance, and

meals to adults in accordance with chapter 23-17.4 of the general laws.

(2) “Bar” means an establishment that is devoted to the serving of alcoholic beverages for

consumption by guests on the premises and in which the serving of food is only incidental to the

consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail

lounges and cabarets.

(3) “Business” means a sole proprietorship, partnership, joint venture, corporation, or

other business entity formed for profit-making purposes, including retail establishments where

goods or services are sold as well as professional corporations and other entities where legal,

medial, dental, engineering, architectural or other professional services are delivered.

(4) “Employee” means a person who is employed by an employer in consideration for

direct or indirect monetary wages or profit, and a person who volunteers his or her services for a

nonprofit entity.

(5) “Employer” means a person, business, partnership, association, corporation, including

a municipal corporation, trust or nonprofit entity that employs the services of one or more

individual persons.

(6) “Enclosed area” means all space between a floor and ceiling that is enclosed on all

sides by solid walls or windows (exclusive of doorways), which extend from the floor to the

ceiling.

(7) “Health care facility” means an office or institution providing care or treatment of

diseases, whether physical, mental, emotional, or other medical, physiological or psychological

conditions, including, but not limited to, hospitals, rehabilitation hospitals or other clinics,

including weight control clinics, nursing homes, homes for the aging or chronically ill,

laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and

all specialists within these professions. This definition shall include all waiting rooms, hallways,

private rooms, semi-private rooms and wards within health care facilities.

(8) “Place of employment” means an area under the control of a public or private

employer that employees normally frequent during the course of employment, including, but not

limited to, work areas, employees lounges, restrooms, conference rooms, meeting rooms,

classrooms, employee cafeterias, and hallways. Vehicles owned by a public or private employer

are covered under this definition provided that the vehicle is used by more than one (1) person. A

private residence is not a “place of employment” unless it is used as a child care, adult day care or

health care facility.

(9) “Public place” means an enclosed area to which the public is invited or in which the

public is permitted, including, but not limited to, banks, bars, educational facilities, health care

facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food

production and marketing establishments, retail service establishments, retail stores, shopping

malls, sports arenas, the state house, theaters and waiting rooms. A private residence is not a

“public place” unless it is used as a child care, adult day care or health care facility.

(10) “Restaurant” means an eating establishment, including, but not limited to, coffee

shops, cafeterias, and private and public school cafeterias, which gives or offers for sale food to

the public, guests or employees, as well as kitchens and catering facilities in which food is

prepared on the premises for serving elsewhere. The term “restaurant” shall include a bar area

within the restaurant.

(11) "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco

products and accessories in which the total annual revenues generated by the sale of other

products are no greater than twenty-five percent (25%) of the total revenue for the establishment.

The division of taxation shall be responsible for the determination under this section and shall

promulgate any rules or forms necessary for the implementation of this section.

(12) "Service line" means an indoor line in which one (1) or more persons are waiting for

or receiving service of any kind, whether or not the service involves the exchange of money.

(13) "Shopping mall" means an enclosed public walkway or hall area that serves to

connect retail or professional establishments.

(14) "Smoking" means inhaling, exhaling, burning or carrying any lighted cigar,

cigarette, pipe, weed, plant, or other combustible substance in any manner or in any form;

provided, however, that smoking shall not include burning during a religious ceremony.

(15) (a) “Smoking bar” means an establishment whose business is primarily devoted to

the serving of tobacco products for consumption on the premises, in which the annual revenues

generated by tobacco sales are greater than fifty percent (50%) of the total revenue for the

establishment and the serving of food or alcohol is only incidental to the consumption of such

tobacco products. The establishment must annually demonstrate that revenue generated from the

serving of tobacco products is greater than the total combined revenue generated by the serving of

beverages and food. The division of taxation in the department of administration shall be

responsible for the determination under this section and shall promulgate any rules or forms

necessary for the implementation of this section.

(b) Smoking bars shall only allow consumption of food and beverages sold by the

establishment on the premises and the establishment shall have public access only from the street.

(c) Any smoking bar as defined herein, is required to provide a proper ventilation system

which will prevent the migration of smoke into the street.

(16) "Sports arena" means sports pavilions, stadiums, (indoor or outdoor) organized

sports fields, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks,

bowling alleys and other similar places where members of the general public assemble to engage

in physical exercise, participate in athletic competition or witness sports or other events.

(17) "Legislature" means the general assembly of the state of Rhode Island.

23-20.10-3. Prohibition of smoking in public places. – Smoking shall be prohibited in

all enclosed public places within the state of Rhode Island, including, but not limited to, the

following places:

(1) Aquariums, galleries, libraries and museums;

(2) Areas available to and customarily used by the general public in businesses and

nonprofit entities patronized by the public, including, but not limited to, professional offices,

banks, laundromats, hotels and motels.

(3) Bars;

(4) Bingo facilities when a bingo game is in progress;

(5) Convention facilities;

(6) Elevators;

(7) Facilities primarily used for exhibiting a motion picture, stage, drama, lecture,

musical, recital or other similar performance;

(8) Health care facilities;

(9) Licensed child care and adult day care facilities;

(10) Lobbies, hallways and other common areas in apartment buildings, condominiums,

trailer parks, retirement facilities, nursing homes and other multiple unit residential facilities with

more than four (4) units;

(11) Polling places;

(12) Public transportation facilities, including buses and taxicabs, under the authority of

the state of Rhode Island, and ticket, boarding and waiting areas of public transit depots;

(13) Restaurants;

(14) Restrooms, lobbies, reception areas, hallways and other common use areas;

(15) Retail stores;

(16) Rooms, chambers, places of meeting or public assembly, including school buildings,

under the control of an agency, board, commission, committee or council of the state of Rhode

Island or a political subdivision of the state when a public meeting is in progress, to the extent the

place is subject to the jurisdiction of the state of Rhode Island;

(17) Schools; including, primary, secondary and post-secondary education facilities;

(18) Service lines;

(19) Shopping malls;

(20) Sports arenas, including outdoor arenas.

23-20.10-4. Prohibition of smoking in places of employment. – Smoking shall be

prohibited in all enclosed facilities within places of employment without exception. This includes

common work areas, auditoriums, classrooms, conference and meeting rooms, private offices,

elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles,

and all other enclosed facilities.

This prohibition on smoking shall be communicated to all existing employees by the

effective date of this chapter and to all prospective employees upon their application for

employment.

23-20.10-5. Outdoor smoking space. – Nothing in this chapter shall prohibit an

employer from providing an outdoor smoking space for their employees. Provided, however, that

any employer who provides an outdoor area for its employees to smoke must provide an area

which is physically separated from the enclosed workplace so as to prevent the migration of

smoke into the workplace.

23-20.10-6. Where smoking not regulated. – (a) Notwithstanding any other provision

of this chapter to the contrary, the following areas shall be exempt from the provisions of this

chapter.

(1) Private residences, except when used as a licensed child care, adult day care or health

care facility;

(2) Hotel and motel rooms that are rented to guests and are designated as smoking rooms;

provided, however, that not more than fifty percent (50%) of rooms rented to guests in a hotel or

motel may be so designated;

(3) Retail tobacco stores; provided that smoke from these places does not infiltrate into

areas where smoking is prohibited under the provisions of this chapter;

(4) Private and semi-private rooms or designated areas in assisted living residences and

nursing facilities as allowed by regulation of the department of health under chapters 23-17.4 and

23-17 of the general laws;

(5) Outdoor areas of places of employment, except those covered by the provisions of

section 23-20.10-5;

(6) Any smoking bar as defined in section 23-20.10-2(15);

(7) Any facility operated under a class D liquor license provided the class D liquor

license is held by a nonprofit or charitable corporation with a defined membership, is not

ordinarily a place of public accommodation but is distinctly private, and employs not more than

ten (10) employees;

(8) Any facility operated exclusively under a class C liquor license and employs not more

than ten (10) employees.

(b) Exemptions (7) and (8) above shall remain in effect until October 1, 2006.

(c) The provisions of this chapter shall not apply to any stage performance provided that

smoking is part of a theatrical production.

23-20.10-6.1. Pari mutual facilities. – (a) Any pari mutual facility established under

chapter 3.1 or 7 of title 41 or any pari mutual licensee under chapter 61.2 of title 42 shall provide

designated smoking and nonsmoking gaming areas in their facilities.

(b) The designated nonsmoking gaming area shall be physically separated from any

smoking area and shall be required to have separate and distinct ventilation systems so as to

prohibit the migration of smoke into the nonsmoking area.

(c) Except as provided for in paragraph (d), any bar or restaurant located in a pari mutual

facility shall be nonsmoking and be physically separate from any smoking area and shall have a

separate ventilation system so as to prohibit the migration of smoke into the restaurant.

(d) The prohibitions of this chapter shall not apply to any bar which is presently in

existence, located in, and not physically separated from a designated smoking area.

(e) Any licensee of a pari mutual facility shall promulgate rules and regulations to allow

their employees the right to work in a smoke free environment. These rules shall include, but not

be limited to, provisions on the right to opt out of working in a smoking area and a provision that

no adverse impact or action could take place against the employee if they request to opt out of a

smoking area. The rules promulgated by the licensee shall be filed with the lottery commission

with copies to the general assembly and the department of health no later than March 1, 2005.

(f) Commencing January 1, 2005, any pari mutual licensee shall file an annual report with

the lottery commission with copies to the general assembly and department of health detailing

smoke mitigation efforts undertaken by the licensee during the previous year and plans for the

upcoming year. The licensee shall be required to monitor air quality with current appropriate

technology. A professional HVAC engineer (or other appropriate professional) shall certify the

monitoring process and results. The results of the monitoring process shall be included in the

annual report.

(g) Any enactment relating to the provisions of this section on pari mutual facilities or

licensees shall be by statute as enacted by the general assembly, provided however that the

general assembly may by statute delegate such authority to the cities and towns.

23-20.10-7. Posting of signs. – (a) "No smoking" signs or the international "No

smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red

circle with a red bar across it) shall be clearly and conspicuously posted in every public place and

place of employment where smoking is prohibited by this chapter, by the owner, operator,

manager or other person in control of that place. Signs required by this chapter may be provided

by the state department of health at cost.

(b) Every public place and place of employment where smoking is prohibited by this

chapter shall have posted at every entrance a conspicuous sign clearly stating that smoking is

prohibited.

(c) All signs necessary to comply with this section shall be attached at eye level and shall

contain the following words "IT IS ILLEGAL TO SMOKE IN THIS ESTABLISHMENT". To

report a violation call " ."

23-20.10-8. Nonretaliation. – No person or employer shall discharge, refuse to hire or in

any manner retaliate against an employee, applicant for employment or customer because that

employee, applicant or customer exercises any rights afforded by this chapter or reports or

attempts to prosecute a violation of this chapter.

23-20.10-9. Enforcement. – (a) The director of health shall promulgate such rules and

regulations including the complaint forms, as are necessary to carry out the mandates of this

chapter within one hundred eighty (180) days of passage.

(b) Notice of the provisions of this chapter shall be given to all applicants for a business

license in the state of Rhode Island, to all law enforcement agencies, and to any business required

to be registered with the secretary of state’s office.

(c) Any citizen who desires to register a complaint under this chapter may initiate such a

complaint with the department of health.

(d) The department of health, having received a written and signed letter of complaint

citing a violation of this chapter, shall enforce this entire chapter against violations by either of

the following actions:

(1) Serving written notice to comply to an employer, with a copy of the notice to the

complaining individual, requiring the employer to correct immediately any violation or section of

this chapter.

(2) Upon receiving a second complaint at the department of health for the same or

continued violation by the same employer, the complaint shall be resolved by notifying the city or

town solicitor, having jurisdiction over the licensed holder, to initiate, without delay, an action for

injunction to enforce the provisions of this chapter, to cause the correction of such violation or

section, and for assessment and recovery of a civil penalty for such violation.

(e) The department of health, local fire department, or their designees shall, while an

establishment is undergoing otherwise mandated inspections, inspect for compliance with this

chapter.

(f) An owner, manager, operator, or employee of an establishment regulated by this

chapter shall inform persons violating this chapter of the appropriate provisions thereof.

(g) In addition to the remedies provided by the provisions of this section, the department

of health, aggrieved by the failure of the owner, operator, manager or other person in control of a

public place or place of employment to comply with the provisions of this chapter, may apply for

injunctive relief to enforce those provisions in any court of competent jurisdiction.

23-20.10-10. Violations and penalties. – (a) An employer who violates this chapter shall

be liable for a civil penalty as follows:

(1) A penalty of two hundred fifty dollars ($250) for the first violation;

(2) A penalty of five hundred dollars ($500) for the second violation;

(3) A penalty of one thousand dollars ($1,000) for the third and subsequent violations;

which shall be assessed and recovered in a civil action brought by the city or town solicitor,

having jurisdiction over the licensed holder, in the city or town municipal court or any court of

competent jurisdiction. Each day the violation is committed or permitted to continue shall

constitute a separate offense and shall be punishable as a separate offense. One-half (1/2) of any

penalty assessed and recovered in an action brought pursuant to this subsection shall be

transferred to the municipality in which the civil action originated and the other one-half (1/2) of

any penalty assessed and recovered shall be transferred to the general fund.

(b) Any fines owed under this chapter shall be paid within thirty (30) days of judgment

entered. Failure to pay within thirty (30) days will result in the doubling of the penalty.

(c) In undertaking the enforcement of this chapter, the state is assuming an undertaking

only to promote the general welfare. It is not assuming, nor is it imposing on its officers and

employees, an obligation for breach of which it is liable in money damages to any person who

claims that this breach proximately caused injury.

23-20.10-11. Public education. – The department of health shall engage in a continuing

program to explain and clarify the purposes and requirements of this chapter to citizens affected

by it, and to guide owners, operators and managers in their compliance with it. The program may

include publication of a brochure for affected businesses and individuals explaining the

provisions of this ordinance.

23-20.10-12. Governmental agency cooperation. – The state of Rhode Island and its

designees shall annually request other governmental and educational agencies having facilities

within the state to establish local operating procedures in cooperation and compliance of this

chapter. This includes urging all federal, state, municipal and school district agencies to update

their existing smoking control regulations to be consistent with the current health findings

regarding secondhand smoke.

23-20.10-13. Other applicable laws. – This chapter shall not be interpreted or construed

to permit smoking where it is otherwise restricted by other applicable laws.

23-20.10-14. Prohibited condition of employment – Smoking by employees outside

course of employment. – (a) No employer or agent of any employer shall require, as a condition

of employment, that any employee or prospective employee refrain from smoking or using

tobacco products outside the course of his or her employment, or otherwise discriminate against

any individual with respect to his or her compensation, terms, conditions or privileges of

employment for smoking or using tobacco products outside the course of his or her employment.

Provided, however, that the following employers shall be exempt from the provisions of this

section: Any employer that is a nonprofit organization which as one of its primary purposes or

objectives discourages the use of tobacco products by the general public.

(b) In any civil action alleging a violation of this section, the court may:

(1) Award up to three (3) times the actual damages to a prevailing employee or

prospective employee;

(2) Award court costs to a prevailing employee or prospective employee;

(3) Afford injunctive relief against any employer who commits or proposes to commit a

violation of this chapter.

(c) Nothing contained in this chapter shall be construed to affect any other provisions of

this title.

23-20.10-15. Statewide Uniformity (Effective until October 1, 2006). – (a) It is the

declared policy of this state that there be uniformity in the application and enforcement of

smoking prohibitions as defined in this chapter. Any enactment relating to prohibitions in an area

defined in this chapter shall be by statute as enacted by the general assembly; provided, however,

that the general assembly may by statute delegate such authority to the cities and towns.

23-20.10-16. Severability. – If any section, subsection, sentence, clause, phrase or

portion of this chapter is for any reason held invalid or unconstitutional by any court of competent

jurisdiction, that portion shall be deemed a separate, distinct and independent provision and this

holding shall not affect the validity of the remaining portions of this chapter.

     SECTION 3. This act shall take effect on March 1, 2005.

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LC00237/SUB B/2

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