2006 New Mexico Statutes - Section 24-16-7 — Smoking in places of employment.

24-16-7. Smoking in places of employment.

A.     For places of employment, within one year after the effective date of the Clean Indoor Air Act [ 24-16-1 NMSA 1978], each employer shall adopt, implement and maintain a written smoking policy which shall contain, at a minimum, provisions relating to the following:   

(1)     the prohibition of smoking in elevators and nurses aid stations or similar facilities for treatment of employees;   

(2)     the provision and maintenance of a contiguous nonsmoking area of not less than one-half of the seating capacity and floor space in cafeterias, lunchrooms and employee lounges; and   

(3)     in places of work in which smokers and nonsmokers work in the same office or room, providing smoke-free work areas to accommodate employees who request such areas.   

B.     It is the responsibility of employers to provide smoke-free work areas for nonsmokers where possible but employers are not required to make structural or other physical modifications in providing these areas. An employer who makes reasonable efforts to develop and promulgate a policy regarding smoking and nonsmoking in the work place shall be deemed to be in compliance with this subsection, provided that a policy which designates an entire work place as a smoking area shall not be deemed in compliance with this subsection.   

C.     An employer shall post "No Smoking" signs in any area designated as a nonsmoking area.   

D.     Notwithstanding the provisions of Subsection B of this section, every employer shall have the authority to designate any work area as a nonsmoking area.   

E.     An employer who fails to adopt a smoking policy, or who fails to post signs in any area designated as a nonsmoking area as required by Section 8 [ 24-16-8 NMSA 1978] of the Clean Indoor Air Act is in violation of this section.