Ohio Workplaces Are Smoke Free As of December 7, 2006 Ohio employees are breathing easier since December 7, 2006, when Issue 5, a statewide ban on smoking in public places, took effect. The smoking ban affects all Ohio employers, public and private. The effects of this ban are significant. As of December 7, 2006, it is illegal to smoke not only inside Ohio buildings but also in areas immediately adjacent to any entrances or exits. The law specifically bans smoking in the following areas: restrooms, storage areas, stairwells, garages and employer-owned vehicles. Smoking is prohibited in these areas at all times. Fines for employers who violate this law range from $ 100 to $2,500 per violation. Locations Where Smoking Is Permitted While the ban is widespread, it does not completely eliminate smoking in Ohio. Employers can still permit smoking on their outdoor premises, so long as there is a sufficient distance between the smoking area and the entrances, windows and ventilation systems to the building so that smoke cannot migrate inside. While the Department of Health has not yet established a set distance, Jackson Lewis recommends at least 25 to 30 feet between the smoking area and any entrances, windows or ventilation systems. Employers can also permit smoking on outdoor patios, so long as the patio either (a) has no roof or (b) has a roof but no more than two sides. The outdoor patio must also be of a sufficient distance away from entrances, windows and ventilation systems so that smoke does not migrate inside. Smoking is also permitted in the following areas: Private residences unless the private residence operates a childcare or adult care center for compensation. 'Hotels, motels and other sleeping lodges. The law limits the number of smoking rooms to 20% of the total sleeping rooms. Hotels can further limit smoking in their facilities or choose to be smoke-free. Nursing homes but only for residents who are allowed to smoke in designated areas. Such designated areas must be separately enclosed so that smoke does not enter entrances, windows or ventilation systems. Please note that nursing home employees are within their rights to refuse to enter and/or perform. services in the smoking areas. What will happen if employers fail to comply with the law?