§ 1421. Smoking in the workplace; prohibition
(a) The possession of lighted tobacco products or use of tobacco substitutes as defined
in 7 V.S.A. § 1001 is prohibited in any workplace.
(b)(1) As used in this subchapter, “workplace” means an enclosed structure where employees
perform services for an employer, including restaurants, bars, and other establishments
in which food or drinks, or both, are served. In the case of an employer who assigns
employees to departments, divisions, or similar organizational units, “workplace”
means the enclosed portion of a structure to which the employee is assigned.
(2) Except for schools, workplace does not include areas commonly open to the public or
any portion of a structure that also serves as the employee’s or employer’s personal
residence.
(3) For schools, workplace includes any enclosed location where instruction or other school-sponsored
functions are occurring.
(4) For lodging establishments used for transient traveling or public vacationing, such
as resorts, hotels, and motels, workplace includes the sleeping quarters and adjoining
rooms rented to guests.
(5) The prohibition on using tobacco substitutes in a workplace shall not apply to a business
that does not sell food or beverages but is established for the sole purpose of providing
a setting for patrons to purchase and use tobacco substitutes and related paraphernalia.
(c) Nothing in this section shall be construed to restrict the ability of residents of
the Vermont Veterans’ Home to possess lighted tobacco products or use tobacco substitutes
in the indoor area of the facility in which smoking is permitted. (Added 1987, No. 69, § 2, eff. July 1, 1988; amended 1987, No. 162 (Adj. Sess.), § 2; 2009, No. 32, § 1; 2013, No. 135 (Adj. Sess.), § 1; 2015, No. 108 (Adj. Sess.), § 2.)