Effective July 1, 2014, electronic smoking will be prohibited in Philadelphia workplaces, restaurants (including outdoor seating areas), bars, clubs, and other indoor public spaces, including: retail/wholesale stores; movie theaters, museums, performance spaces; childcare, daycare, schools, hospitals; common areas of apartment buildings and hotels; at least 75% of hotel rooms; and casinos. The ban applies not only to e-cigarettes, but also to e-cigars, hookas, and “vape pens”. E-cigarette specialty shops and tobacco distribution shops may apply for an exemption. Drinking establishments and private clubs with an existing waiver from the Clean Indoor Air Worker Protection Law are exempt.
Prior to July 1, 2014, businesses covered by this law are required to adopt, implement and maintain a written policy that prohibits the use of electronic smoking devices within the workplace. The written policy must be communicated to all employees within 30 days after its adoption. Employers must provide a copy of the written policy upon request to any employee or prospective employee. Employers are also required to provide notice of the law by posting signs prohibiting use of electronic smoking devices. The Philadelphia Department of Public Health (“PDPH”), which is responsible for enforcement of the law, published a sample poster, available here: http://www.phila.gov/health/pdfs/ExNoSmokingSignElectronicCigaretteInfo.pdf
Additional information about the ban is available here:
http://www.phila.gov/health/pdfs/Ecigarettelegislation_QA41014.pdf
If you have any questions about the new law, please contact an attorney in the Employment Law and Labor Group at Curtin & Heefner LLP.
