The Oklahoma Legislature stated that “the possession of lighted tobacco in any form is a public nuisance and dangerous to the public health” and is the basis for the Oklahoma Smoking in Public Places and Indoor Workplaces.[i] This act prohibits smoking any tobacco product in “indoor area open to the public, public transportation or any indoor workplace, except where specifically allowed by law.”[ii]
The Oklahoma Smoking in Public Places Act prohibits lighted tobacco in any form in any “indoor workplace”. The term indoor workplace includes all aspects of indoor employment from the owner of the business to any and all employees, full time or part time and even includes any volunteers who may work at the indoor location. This ban on smoking applies to all indoor areas such as work places, lounges, restrooms, meeting rooms, cafeterias, hallways or even elevators. The act also states that all buildings owned and operated by the State of Oklahoma are to be smoke-free with the exception of one designated smoking room in each building, county and municipal buildings, smoking is also banned from within 25 feet of any entrance or exit of any of these indoor workplaces.[iii] All restaurants are totally non-smoking or may have a designated smoking room.
The Oklahoma Smoking in Public Places and Indoor Workplaces Act also prohibits smoking in vehicles providing public transportation, or is owned by the state.[iv] Childcare facilities and educational facilities are also included in the no- smoking ban area. Nursing facilities may designate smoking rooms and educational facilities are to be tobacco free from 7am to 4pm, when class is in session or when any school program involving students is occurring. Law permits designation of outdoor smoking areas in schools during athletic events, away from general traffic areas and
completely out of sight of children under eighteen (18) years of age, for use by adults attending training courses, sessions, meetings or seminars.
Smoking is not prohibited in stand-alone bars, taverns or cigar bars where these are the only business in the building, charitable bingo locations, hotel and motel guest rooms up to 25% of their total guest rooms and retail tobacco stores.[v]
Other workplaces where smoking is not prohibited in Oklahoma are ones where the owner or operator or/and their immediate family are the only employees and the workplace is not open to the general public workplaces where everyone smokes and the workplace is not open to t he general public.[vi] Workplaces where everyone smokes and the workplace is not open to the public are also included, such as private offices. Private residences are also included except during business hours if the residence is used as a childcare center. Facilities “operated by a post or organization of past or present members of the Armed Forces of the United States is exempt from the smoking prohibition as long as the facility is not open to the public. Other facilities where smoking is not prohibited are outdoor seating areas of restaurants as long as they are at least 15 feet from any “exterior public doorway or any intake of the restaurant.[vii]
Penalties associated with violating the Oklahoma Smoking in Public Places and Indoor Workplaces Act depend on where the violation occurred and how many times it has occurred. Nursing facilities, employees of nursing facilities and child care facilities are subject to administrative fines of $50 for the first offense, $100 for the second offense and $200 for the third offense or more, all in the same one-year period.[viii]
[i] O.A.C. § 310:355-1-1
[ii] http://www.okhouse.gov/Committees/CommitteeReports/7699.doc
[iii] http://www.okhouse.gov/Committees/CommitteeReports/7699.doc
[iv] http://www.okhouse.gov/Committees/CommitteeReports/7699.doc
[v] http://www.okhouse.gov/Committees/CommitteeReports/7699.doc
[vi] http://www.ok.gov/breatheeasyok/documents/Oklahoma%20Laws%20on%20Secondhand%20Smoke%20effective%20Nov%201%202007.pdf
[vii] http://www.ok.gov/breatheeasyok/documents/Oklahoma%20Laws%20on%20Secondhand%20Smoke%20effective%20Nov%201%202007.pdf
[viii] http://www.ok.gov/breatheeasyok/documents/Oklahoma%20Laws%20on%20Secondhand%20Smoke%20effective%20Nov%201%202007.pdf
