Is this a violation of no-smoking laws?

October 26, 2006 2:30 PM

Is my office violating California's no-smoking laws?

The office where I'm currently situated in a long-term temp assignment has a courtyard in the middle. The courtyard is the designated smoking area, and there are lots of smokers, and the ventilation in the courtyard isn't fantastic, so the smoke and the smell backtrack inside and make the entire office reek. It wreaks havoc on my allergies and gives me a headache.

Is it legal to have a smoking area enclosed within an office building?

posted by tumbleweedjack to Health & Fitness (10 answers total)

Response by poster: And, I forgot to ask: if it is a violation of some sort, who do I report it to?
posted by tumbleweedjack at 2:30 PM on October 26, 2006

I think you're out of luck. I can't speak to California law, but in BC, the bylaws only apply to indoor work environments. Whether it's a courtyard doesn't enter into it.

If I were you, and I were not a temp, I would ask for a company policy to be implemented. Smoking was banned in one former employer's courtyard by policy as opposed to by law.
posted by solid-one-love at 2:53 PM on October 26, 2006

From the AB-13 Fact sheet:

This law will be enforced by local law enforcement agencies, including but not limited to, local health departments.

Call your health department and ask.
posted by Robert Angelo at 3:31 PM on October 26, 2006

Depends on who you are. In our county, the Fire Marshall would handle that complaint.

I suggest that you give the local Fire Marshall's office a call and ask them about it. The building you're in might be exempt from certain conditions of the law. Never know until you ask. :-)
posted by drstein at 3:58 PM on October 26, 2006

how many feet are these people from the door? i don't know where you live, but alameda county has a strict 20' limit.
posted by kendrak at 4:23 PM on October 26, 2006

Close the windows and turn on the AC. I'm an ex-smoker, and can't stand the smell, but if you take away smoking outside that is really the end all of peoples' rights. People in my building smoke outside, and when I get on the elevator with them, they stink. Still, I agree that if they take it outside, you shouldn't bother them. That's not second hand smoke you're getting, it's just the smell.
posted by WaterSprite at 7:12 PM on October 26, 2006

Since he's talking about the courtyard having ventilation, I think maybe it's not outside.
posted by mendel at 7:54 PM on October 26, 2006

Is it just that the smoke is coming in the door when smokers open and close it? If so, then I'm sure you definitely have a valid complaint. If you're just complaining that smokers bring the smell of smoke into the office, I don't think you can complain about that, any more than you could complain about people with BO. And since you're a temp, rocking the boat will definitely not do you any good (especially if those in charge if your employment are smokers themselves).
posted by antifuse at 2:12 AM on October 27, 2006

Considering you are a temp, I would say that complaining about potential employers is a really great way to ensure that you do not get a job there.
posted by BobbyDigital at 6:49 AM on October 27, 2006

From what I can find on the internet it appears that the state of California revised their non-smoking law in early 2004 from 5 feet to 20 feet from any door or operable window.

Im not sure who you should take your complaint to but you can probably do it anonymously on the grounds of protecting your employment.
posted by trishthedish at 12:07 PM on October 27, 2006