Drinking Establishment Exemption Process Detailed by PA Dept of Health

Posted on August 14, 2008 by Michael Moore

The Department of Health (DOH) released additional Guidance and an application for an exemption for drinking establishments, cigar bars, and tobacco shops under Pennsylvania’s Clean Indoor Air Act (CIAA). The DOH information tangentially addresses the cross over between the prohibition on smoking in “workplaces” that may also be exempt “drinking establishments”.  For example, the law and guidance prohibit individuals less than 18 years of age in an exempt establishment at any time for any reason and require signage to that effect. Obviously, this creates a whole class of jobs that those under 18 may not perform supplementing existing child labor and liquor laws governing employment of minors.

The CIAA preempts local smoking ordinances except it does not apply to the City of Philadelphia, which has its own grandfathered Ordinance regulating smoking in public places.

 

Other postings on this subject include the following:

 

Pennsylvania enacts Clean Indoor Air Act Prohibiting Smoking in most Public Places including Workplaces

 

Department of Health Issued Guidance for Employer Compliance with Pennsylvania Clean Indoor Air Act

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Department of Health Issues Guidance for Employer Compliance with the Pennsylvania Clean Indoor Air Act

Posted on August 11, 2008 by Michael Moore

The Pennsylvania Department of Health (DOH) has issued Guidance in preparation for the September 11, 2008 effective date of Pennsylvania’s Clean Indoor Air Act (CIAA). The Guidance has the following noteworthy provisions and references collateral documents:

  • Owner/Employer Compliance Toolkit:  Additional guidance will be available in a Toolkit which will be available on the DOH website beginning August 20, 2008.
  • Signage Requirements:  Signage for entrances and areas where smoking is not permitted is also available on the DOH website beginning August 20, 2008.
  • Outdoor Smoking Areas:  DOH recommends that outdoor smoking areas be a minimum distance of 20 feet from any doorway, if possible.
  • FAQ Published:  A frequently asked question section is added to the DOH website. The most interesting FAQ answer relates to the establishment of separate smoking facilities, which the DOH indicates, “The CIAA does not permit the construction of separate area with its own ventilation system and entrance for the sole purpose smoking.”
  • Exemption Approval Process:  Additional Guidance will be published for obtaining an exemption for tobacco shops, cigar bars, and drinking establishments.
  • Workplace Exemptions:  Additional Guidance will be published for obtaining an exemption for organizations, workplaces, facilities, residences, and events.

For additional information on the CIAA, see our prior post Pennsylvania enacts Clean Indoor Air Act Prohibiting Smoking in most Public Places including Workplaces.

UPDATE:  Pennsylvania Workplaces Must be Smoke-free by September 11, 2008

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