2005 Arizona Revised Statutes - Revised Statutes §36-601.02  Smoking in state buildings; prohibition; exception; violation; classification

A. Except as provided in subsections B and C of this section and section 36-601.01, smoking is prohibited in any building owned or directly leased by this state.

B. The following persons are exempt from the provisions of subsection A of this section:

1. Clients receiving treatment at the Arizona state hospital, inmates using areas in correctional facilities located in this state and persons residing in state owned or leased residential facilities.

2. Persons using tobacco products for religious and ceremonial purposes.

C. Smoking in buildings owned or directly leased by the state may be allowed only in locations under reasonable circumstances as determined by the department of administration in consultation with the relevant agency to prevent the drifting of smoke to areas adjacent to or outside the smoking area either by the physical design of the smoking area or use of electrostatic filter devices, windows or venting to the outside air to remove the smoke from the air.

D. If drifting smoke is noticeable in an adjoining area of a smoking area and management receives a written complaint, smoking shall be prohibited in the smoking area after the director of the department of administration and the director of the relevant agency make reasonable efforts to ensure that the drifting smoke is contained or prevented from drifting into the adjoining work area by physical modifications of the smoking area, relocation of the smoking area, installation of electrostatic filtering devices or venting to the outside air and these efforts fail to contain the drifting smoke.

E. Nothing in this section shall require the establishment of a smoking area in any state building which has previously been designated as nonsmoking.

F. No state employer may discriminate against any employee or other person on the basis of the use or nonuse of tobacco products.

G. The department of administration shall adopt procedures to ensure that complaints may be made anonymously by any employee for the reporting of a violation of the provisions of this section.

H. A state employee shall have the right to be represented by an employee association in connection with any grievance related to smoking.

I. A person who violates this section is guilty of a petty offense.