Maine § 22 §1580-A Smoking in places of employment

Maine Statutes

§ 22 §1580-A — Smoking in places of employment

Maine § 22 §1580-A

Title 22HEALTH AND WELFARE

Part 3PUBLIC HEALTH

Ch. 263OFFENSES AGAINST PUBLIC HEALTH

This text of Maine § 22 §1580-A (Smoking in places of employment) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Me. Rev. Stat. tit. 22, § 22 §1580-A (2026).

Text

1.Title. This law shall be known as the "Workplace Smoking Act of 1985."

2.Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings.

3.Policy; notice. Each employer shall establish, or may negotiate through the collective bargaining process, a written policy concerning smoking and nonsmoking by employees in that portion of any business facility for which the employer is responsible, subject to paragraph A. In order to protect the employer and employees from the detrimental effects of smoking by others, the policy must prohibit smoking indoors subject to paragraph A, prevent environmental tobacco smoke from circulating into enclosed areas and prohibit smoking outdoors except in designated smoking areas. The policy may p

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1.
Title.
This law shall be known as the "Workplace Smoking Act of 1985."
2.
Definitions.
As used in this section, unless the context indicates otherwise, the following terms have the following meanings.
3.
Policy; notice.
Each employer shall establish, or may negotiate through the collective bargaining process, a written policy concerning smoking and nonsmoking by employees in that portion of any business facility for which the employer is responsible, subject to paragraph A. In order to protect the employer and employees from the detrimental effects of smoking by others, the policy must prohibit smoking indoors subject to paragraph A, prevent environmental tobacco smoke from circulating into enclosed areas and prohibit smoking outdoors except in designated smoking areas. The policy may prohibit smoking throughout the business facility, including outdoor areas. The employer shall post and supervise the implementation of the policy. The employer shall provide a copy of this policy to any employee upon request. Nothing in this section may be construed to subject an employer to any additional liability, other than liability that may exist by law, for harm to an employee from smoking by others in any business facility covered by this section.
4.
Violations.
Any violation of this section is a civil violation for which a fine of not more than $100 may be adjudged, except that a fine of not more than $1,500 may be adjudged for each violation of this section in cases in which the employer has engaged in a pattern of conduct that demonstrates a lack of good faith in complying with the requirements of this section. The Bureau of Health has authority to enforce provisions of this section.
4-A.
Injunctive relief.
The Attorney General may bring an action to enforce this section in District Court or Superior Court and may seek injunctive relief, including a preliminary or final injunction and fines, penalties and equitable relief, and may seek to prevent or restrain violations of this section by any person.
5.
Civil remedies.
Nothing in the section may be construed as precluding any person from pursuing, in any court of competent jurisdiction, any civil remedy that person may have at law or in equity for harm occasioned to that person from smoking by others in any business facility covered by this section.
6.
Discharge, discipline or discrimination against employees.
It is unlawful for any employer to discharge, discipline or otherwise discriminate against any of its employees because that employee has assisted in the supervision or enforcement of this section.
7.
Application.
8.
Effective date.
This section shall take effect January 1, 1986.
9.
Exception.
Beginning September 1, 2006, and notwithstanding any provision to the contrary in this section, a qualifying club may allow smoking in its business facility in accordance with the following provisions.

Legislative History

PL 1985, c. 126 (NEW). PL 2005, c. 338, §§3-6 (AMD). PL 2005, c. 581, §§1-3 (AMD). PL 2005, c. 581, §4 (AFF). PL 2005, c. 683, §§G1,2 (AMD). PL 2005, c. 683, §G3 (AFF). PL 2009, c. 300, §§4-7 (AMD). PL 2025, c. 367, §14 (AMD). PL 2025, c. 367, §20 (AFF).