2006 New York Code - Regulation Of Smoking In Places Of Employment.

 
    §  17-504 Regulation of smoking in places of employment. a. Smoking is
  prohibited in those indoor areas of places of employment  to  which  the
  general  public  does  not generally have access. This section shall not
  prohibit smoking in any area where smoking is not regulated pursuant  to
  section 17-505.
    c. Smoking is prohibited in company vehicles occupied by more than one
  person.  Smoking  is prohibited in all vehicles owned by the city of New
  York.
    d. No employer shall take any  retaliatory  adverse  personnel  action
  against  any  employee  or applicant for employment on the basis of such
  person's exercise, or attempt to exercise, his or her rights under  this
  chapter  with respect to the place of employment. Such adverse personnel
  action includes, but is not limited to, dismissal, demotion, suspension,
  disciplinary  action,  negative  performance  evaluation,   any   action
  resulting  in  loss  of staff, compensation or other benefit, failure to
  hire, failure to appoint, failure to promote, or transfer or  assignment
  or  failure  to  transfer  or  assign against the wishes of the affected
  employee. The employer shall establish a procedure to  provide  for  the
  adequate  redress  of any such adverse personnel action taken against an
  employee in retaliation for that employee's attempt to exercise  his  or
  her rights under this chapter with respect to the place of employment.
    e.  By  November  1, 1995, every employer subject to the provisions of
  this chapter shall adopt, implement, make known, maintain and update  to
  reflect  any  changes,  a  written smoking policy which shall contain at
  minimum, the following requirements:
    1. The prohibition of smoking except in accordance with the provisions
  of this chapter and  any  rules  promulgated  pursuant  thereto,  and  a
  description of the smoking restrictions adopted or implemented.
    2.  As  set forth in subdivision d of this section, the (A) protection
  from retaliatory adverse personnel action with respect to all  employees
  or  applicants  for employment who exercise, or attempt to exercise, any
  rights granted under such subdivision; and (B) the  establishment  of  a
  procedure  to  provide  for  the  adequate  redress  of any such adverse
  personnel action taken against  an  employee  in  retaliation  for  that
  employee's attempt to exercise his or her rights under this chapter with
  respect to the place of employment.
    f.  Employers  shall  prominently  post  the  smoking  policy  in  the
  workplace, and shall,  within  three  weeks  of  its  adoption  and  any
  modification,  disseminate  the  policy  to  all  employees,  and to new
  employees when hired.
    g. Employers shall supply a written copy of the  smoking  policy  upon
  request to any employee or prospective employee.
    h.  A  copy of the smoking policy shall be provided to the department,
  the department of buildings, the department  of  consumer  affairs,  the
  department  of  environmental  protection,  the  fire department and the
  department of sanitation upon request.
    i. This section shall not be construed to permit smoking in  any  area
  in which smoking is prohibited or restricted pursuant to section 17-503.
  Where  a  place  of  employment  is also a public place where smoking is
  prohibited or restricted pursuant to section 17-503, and is  not  exempt
  from regulation under section 17-505, smoking shall be prohibited.
    j.  Nothing in this section shall be construed to impair, diminish, or
  otherwise  affect  any  collectively  bargained  procedure   or   remedy
  available  to an employee, existing as of February 1, 1995, with respect
  to disputes arising under the employer's smoking policy or with  respect
  to the establishment of a procedure for redress of any adverse personnel
  action  taken  against  an  employee  in retaliation for that employee's
  attempt to exercise his or her rights under this chapter with respect to


  the place of  employment.  Upon  expiration  of  any  such  collectively
  bargained procedure or remedy, the provisions of this section shall take
  effect.