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Clean Indoor Air Act Brochure - PDF
Folleto para la Ley de Aire Puro
The Arkansas Clean Indoor Air Act for a Better State of Health
As of July 21, 2006, workplaces and public areas throughout Arkansas are smoke-free. The Clean Indoor Air Act protects workers in nearly all public and private workplaces from secondhand smoke. It also ensures that children, senior citizens and the general public can breathe smoke-free air in the public places they visit.
The Clean Indoor Air Act (Act 8 of 2006) prohibits smoking in worksites and in public places to protect employees and the public form secondhand smoke. Arkansas is the seventeenth state in the nation to pass a smoke-free workplace act.
Effective Friday, July 21, 2006, you may not allow smoking in your place of business. If you see individuals smoking, your or your staff must tell them not to smoke indoors. They are free to smoke outdoors.
Secondhand smoke is a serious health hazard for everyone. Bystanders are at significant risk by breathing air contaminated with secondhand tobacco smoke. The Centers for Disease Control and Prevention (CDC) report that between 1997 and 2001 secondhand smoke was responsible for 3,060 lung cancer deaths each year and 35,052 deaths from heart attacks each year.
Based on studies of cities and states with smoke-free workplace laws that include bars and restaurants, the Arkansas law is predicted to have a neutral or even a positive effect on business. Studies of smoke-free workplaces show that profits increase with the increased productivity of employees and decreased cleaning and maintenance costs. The University of Arkansas Sam M. Walton College of Business recently released the results of a study that evaluated the economic impact of the smoke-free ordinance in Fayetteville, Arkansas, that went into effect in March 2004. According to the study, “Thus far there is no discernable difference between Fayetteville’s economic growth path prior to and since the institution of the smoke-free ordinance. In fact, for the year of 2005, same-store sales at restaurants open at least a year increased 15%. This growth rate was almost doubled compared with the growth of 2004 (8.4%).”
- Common work areas
- Auditoriums
- Classrooms
- Conference and meeting rooms
- Private offices
- Elevators
- Hallways
- Health care facilities
- Cafeterias
- Employee lounges
- Stairs • Restrooms
- All other enclosed areas
You cannot allow smoking in your place of business if you have employees working in an enclosed space or your business is open to the public. “Enclosed” area means all space between a floor and a ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, that extend from the floor to the ceiling.
- A private residence, except when used as a licensed child care, adult daycare or health care facility.
- Hotel and motel rooms that are rented to guests and are designated as smoking rooms. However, if a hotel or motel has more than twenty-five (25) guest rooms, not more than twenty percent (20%) of the guestrooms may be designated as exempt from this law.
- The workplace of any employer with fewer than three (3) employees. This exemption does not apply to any public place.
- A retail tobacco store, if secondhand smoke from the store does not infiltrate into areas where smoking is prohibited under the law.
- An area within a long-term facility that is designated by the facility as a smoking area.
- Outdoors areas of any place of employment, except health care facilities, schools and daycare campuses.
- The workplace of any manufacturer, importer or wholesaler of tobacco products, of any tobacco leaf dealer or processor and of all tobacco storage facilities.
- A restaurant or bar licensed by the State of Arkansas that prohibits at all times all persons under twenty-one (21) years of age from entering the premises as patrons or employees, if secondhand smoke does not infiltrate into areas where smoking is prohibited by the law.
- The designated smoking areas on the gaming floor of any franchise of the Arkansas Racing Commission.
Owners or operators of an entity that must seek certification, if they choose to take and exemption, include:
- Hotels or motels with fewer than 25 rooms
- Restaurants and bars that prohibit persons under twenty-one (21) years of age from entering or working in the business
- Workplaces with fewer than 3 employees in a setting not open to the public
Exemption forms are available from the website www.ARCleanAir.com or by calling the toll free number 1-800-235-0002.
Exempt restaurants and bars are required to post signs to designate that smoking is allowed. The signs shall be at least 11 inches wide and 8.5 inches tall. They must be conspicuously placed at a height and location easily seen by a person entering the establishment and must not be obscured in any way. Templates of the sign can be downloaded from the Arkansas Clean Indoor Air website: www.ARCleanAir.com
The Clean Indoor Act of 2006 only regulates smoking in enclosed areas. Smoking is permitted outdoors.
The owner, manager, operator or person in charge of an area open to the public, or other places of employment addressed under the law is encouraged to post no-smoking signs, and must inform employees and customers that smoking indoors is a violation of the Act. An employer or person in charge violates this law if smoking is allowed in an area where smoking is prohibited by this law.
Employees and the public may report violations of the law to DHHS. Enforcement includes education about the Act’s requirements. Complaints are tracked and investigated in accordance with DHHS Division of Health protocol and may result in a hearing before the Arkansas State Board of Health.
Violations of the law are carefully monitored by the Arkansas State Board of Health, which may assess civil penalties up to $1,000.00 per violation. The Board of Health also reserves the right to revoke the license of any entity for which it has licensing authority. The enforcement process may also include concurrent criminal penalties up to $500.00 per violation.
To file a complaint, please log on to: www.ARCleanAir.com or call the toll free number: 1-800-235-0002. You may also mail in a complaint form which can be downloaded from the website: www.ARCleanAir.com or obtained from DHHS local health units and county offices.
Employers must inform current and prospective employees that their workplaces are smoke free. An employee notification sign for posting in a conspicuous place is available at: www.ARCleanAir.com or may be requested by calling the toll free number: 1-800-235-0002.
For updated information about tobacco cessation and other wellness programs for your employees please log on to: www.ARCleanAir.com or call the toll free number: 1800-235-0002.
For more information about this law, call: 1-800-235-0002, or log on to: www.ARCleanAir.com
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