§ 31-40q — Prohibition on smoking and use of electronic nicotine and cannabis delivery systems and vapor products in the workplace.

Connecticut § 31-40q

• Jurisdiction: Connecticut
• Title 31: Labor
• Ch. 557: Employment Regulation

Text

(a) As used in this section: (1) “Person” means one or more individuals, partnerships, associations, corporations, limited liability companies, business trusts, legal representatives or any organized group of persons; (2) “Employer” means a person engaged in business who has employees, including the state and any political subdivision thereof; (3) “Employee” means any person engaged in service to an employer in the business of his employer; (4) “Business facility” means a structurally enclosed location or portion thereof at which employees perform services for their employer. The term “business facility” does not include: (A) Facilities listed in subdivision (2) of subsection (b) of section 19a-342 or subdivision (2) of subsection (b) of section 19a-342a ; (B) any establishment with a permit for the sale of alcoholic liquor pursuant to section 30-22aa , issued on or before May 1, 2003; (C) for any business that is engaged in the testing or development of tobacco, tobacco products or cannabis, the areas of such business designated for such testing or development; or (D) during the period from October 1, 2003, to April 1, 2004, establishments with a permit issued for the sale of alcoholic liquor pursuant to section 30-22a or 30-26 . (5) “Smoke” or “smoking” means the burning of a lighted cigar, cigarette, pipe or any other similar device, whether containing, wholly or in part, tobacco, cannabis or hemp; (6) “Cannabis” means marijuana, as defined in section 21a-240 ; (7) “Electronic nicotine delivery system” has the same meaning as provided in section 19a-342a ; (8) “Electronic cannabis delivery system” has the same meaning as provided in section 19a-342a ; (9) “Vapor product” has the same meaning as provided in section 19a-342a ; (10) “Any area” has the same meaning as provided in section 19a-342a ; and (11) “Hemp” has the same meaning as provided in section 22-61 l . (b) Each employer shall prohibit smoking and the use of electronic nicotine and cannabis delivery systems and vapor products in any area of any business facility under said employer's control. (c) Nothing in this section may be construed to prohibit an employer from designating an entire business facility and the real property on which the business facility is located as a nonsmoking area.

Legislative History

(P.A. 83-268; P.A. 87-149, S. 1, 3; P.A. 91-94; P.A. 95-79, S. 109, 189; P.A. 03-45, S. 2; 03-235, S. 3; P.A. 04-9, S. 3; P.A. 17-146, S. 39; June Sp. Sess. P.A. 21-1, S. 88; P.A. 22-92, S. 3; 22-118, S. 512.) History: P.A. 87-149 amended Subsec. (b) to require employers to establish sufficient nonsmoking areas in business facilities and added Subsec. (c) to enable the labor commissioner to exempt certain employers from compliance with those requirements, effective April 1, 1988; P.A. 91-94 amended Subsec. (a) by reducing the minimum number of employees from 50 to 20 in Subdiv. (4); P.A. 95-79 amended Subsec. (a) to redefine “person” to include limited liability companies, effective May 31, 1995; P.A. 03-45 redefined “business facility” in Subsec. (a)(4), amended Subsec. (b) and replaced former Subsec. (c) with new Subsecs. (c) and (d) to prohibit smoking in any workplace with 5 or more employees, delete provision for exemption by Labor Commissioner, and provide for designation of smoking rooms, if desired by employer; P.A. 03-235 amended Subsec. (a)(4)(D) by adding the bar area of a bowling establishment holding a permit issued pursuant to Sec. 30-37c(a) to definition of “business facility”; P.A. 04-9 amended Subsec. (a)(4) by making technical changes; P.A. 17-146 amended Subsec. (a)(4) by replacing reference to Sec. 19a-342(b)(2)(G) with reference to Sec. 19a-342(b)(2)(H); June Sp. Sess. P.A. 21-1 amended Subsec. (a) by making technical changes, redefining “business facility” and “smoking”, and adding Subdivs. (6) to (11) defining “cannabis”, “electronic nicotine delivery system”, “electronic cannabis delivery system”, “vapor product”, “any area” and “hemp”, deleted former Subsec. (b) re designating nonsmoking area, amended Subsec. (c) by redesignating existing Subdiv. (1) as Subsec. (b) and amending same to delete reference to 5 or more employees, add reference to electronic nicotine and cannabis delivery systems and vapor products, and delete reference to smoking rooms, and deleting former Subdivs. (2) and (3) re smoking rooms, redesignated existing Subsec. (d) as Subsec. (c) and amended same to add reference to real property on which business facility is located; P.A. 22-92 amended Subsec. (a)(4) by replacing reference to Sec. 30-23 with reference to Sec. 30-22aa in Subpara. (B) and deleting reference to bar area of establishment holding permit pursuant to Sec. 30-37c(a) in Subpara. (D), effective May 24, 2022; P.A. 22-118 made identical changes as P.A. 22-92, effective May 24, 2022. Cited. 224 C. 666; 243 C. 66.