Vermont Smoking in the Workplace Poster Mandatory

Department	 of	 Health	 	
     	Vermont’s	 Smoke	-Free	 Laws:	 Smoking	 in	 the	 Workplace	 	
In Vermont	, smoking laws prohibit the procession of lighted tobacco 	products	 and tobacco substitutes	 in all enclosed 	
structures in all	 workplaces.	  Tobacco 	substitutes 	include	 electronic cigarettes	 and any electronic or battery powered 	
device that delivers nicotine or other substances into the body through inhaled vapor	. A workplace includes any en	closed 	
structure where employees perform services for an employer	. 	
 
Where does	 the Smoking	 in the Workplace 	Law	 not	 apply?	 	
The	 workplace smoking prohibition 	does 	not apply to any portion 	of a structure that serves as the employee	’s or 	
employer	’s personal residence. 	The	 law does	 not apply 	to that designated portion 	of the indoor area 	of the 	
(Bennington) Vermont Veterans	 Home, where smoking is	 permitted. The law also does not apply to the use of	 	
tobacco substitutes in businesses 	(vape lounges) 	established for the sole purpose of providing a setting for patrons to 	
purchase and use tobacco substitutes.	 	
 
What	 does	 the Smoking	 in the	 Workplace 	Law	 require 	an	 employer	 to do?	 	
The	 smoke	-free	 workplace	 law	 creates	 a ban	 on	 smoking	 and vaping 	in any and all	 buildings	 that	 serve	 as a place 	where	 	
employees	 work	 for	 their	 employer.	 Indoor	 smoking	/vaping	 areas	 are	 not	 permitted.	 	
 
The	 Department	 of Health	 recommends	 that	 employers	 post	 the	 100%	 Smoke	-Free	 poster,	 which	 is available	 to 	
download	 and	 print	 at healthvermont.gov.	 The	 QUIT@WORK	 kit	 is also	 available	 for	 employers	 seeking	 to help	 link	 	
employees	 to free	 quit	 smoking	 resources.	 	
 
May	 employees	 smoke	/vape	 outside	 the building?	 	
It depends	. The	 law bans	 smoking	 on the	 outdoor	 campuses	 of public	 schools, registered	 childcar	e centers (	at all times	) 	
and	 homes	 (while	 children 	are in 	care),	 within	 25 	feet	 of State	-owned buildings,	 and	 on	 the	 grounds	 of 	State	-owned	 and	 	
operated 	hospitals.	  	
 
Can 	an	 employer	 establish	 other	 smoke	-free policies,	 like	 for	 cars	 or outdoor	 areas?	 	
According	 to the	 U.S.	 Surgeon	 General	 there	 is no	 safe	 level	 of secondhand	 smok	e exposure.	 The	 Department 	of Health	 	
recommends	 that	 employers	 consider	 setting	 policies	 that	 ban 	or restric	t smoking	 near	 windows,	 doorways	 and	 building	 	
air	 supply	 intakes.	 In addition to what is prohibited by law	, many	 Vermont	 employers	 have	 already	 voluntarily	 	
established smoke	-free	 campus	 policies	 or smoke	-free	 outdoor	 areas	 around	 the	 perimeter	 of buildings.	 Setting 	smoke	-	
free	 policies	 for	 company	 vehicles,	 or vehicles	 located 	on	 company	 property,	 is up	 to the	 individual	 employer.	 Sample	 	
policies	 are	 available	 online	 at healthvermont.gov.	 	
 
What	 actions	 can employees	 take 	if they	 are	 exposed	 to smoke	/vapor	 at their	 workplace?	 	
They	 may	 file	 a complaint	 with	 the	 Department	 of Health	 by	 calling	 1-866	-331	-5622.	 The	 Department	 of Health	 will	 	
provide	 the	 employer	 with 	notification	 of the	 alleged violation	 and ask that they provide a 	written 	plan to remedy the 	
situation	. An employer	’s ongoing violation of this law	 could result in 	a fine	. 	
 
The	 law	 also 	prohibits	 an employer	 from	 retaliating	 against	 an employee	 because	 that	 employee	 assisted	 in the 	
supervision 	or enforcement	 of the	 workplace	 smoking	 requirements.	 If an employee	 believes	 their	 employer	 ha	s taken	 	
action 	against	 them	 due	 to such efforts	 they	 may,	 within	 30	 days	 after	 such	 a violation,	 file	 a complaint	 wit	h the	 	
Commissioner	 of Health.	 The	 Commissioner	 will	 investigate	 such	 complaints	 and	, if he	 or she	 determines	 tha	t there	 has	 	
been	 retaliation	, bring	 court	 action 	against	 the	 employer.	 The	 court	 may	 determine	 appropriate	 relie	f including,	 	
reinstatement	 and	 back	 pay.                                                                               	 	
 Updated	 January 2019