Key Elements of the Utah Indoor Clean Air Act (UICAA)
Smoking is prohibited in all enclosed indoor places of public access.
Smoking is also prohibited within 25 feet of any entranceway, exit, open window, or air intake of a building where smoking is prohibited.
The use of electronic cigarettes or vaping is banned in the smae places as cigarettes.
What Does the UICAA Mean for Your Business?
It is the responsibility of the establishment to enforce the Utah Indoor Clean Air Act. A building owner, agent, or operator, each is independently responsible to assure compliance and each may be held liable for noncompliance. An owner, agent, or employee of your establishment who observes a person smoking in apparent violation of the UICAA shall request the person to stop smoking. If the person fails to comply, the proprietor, agent, or employee shall ask the person to leave the premises.
As a business owner, agent, or operator, you have the right to prohibit smoking anywhere on the premises, including outdoors.
Businesses are required to place signs on all entrances or in a position clearly visible on entry into the place. Call 801-399-7100 to request FREE signage.
It is the responsibility of the owner or operator to provide evidence to the local health department upon request that the facility is in compliance with this rule. The checklist on the reverse side can help you determine if you are in compliance.
An employer may not discriminate or take any adverse action against an employee or applicant because that person has sought enforcement of the provisions of the UICAA, the smoking policy of the workplace or otherwise protests the smoking of others.
Penalties for Violations of the Utah Indoor Clean Air Act
Businesses, agencies, organizations, or individuals who do not abide by the requirements of the Utah Indoor Clean Air Act may be subject to civil monetary penalties as well as revocation or non-renewal of permits, licenses, or certificates.
First violation: up to $100
Subsequent violations: $100 to $500
Furthermore, persons, associations, corporations, or their officers who violate lawful orders of a health department can be subject to a civil penalty of up to $10,000 per occurance and midsdemeanor criminal charges.
In addition to penalties under the UICAA, failure to address secondhand smoke in the workplace exposes your business to legal vulnerabilities, e.g., workers’ compensation, unemployment compensation, disability benefits, nuisance lawsuits, etc.
Call 801-399-7100 for free resources to assist you in developing smoke-free policies and helping employees quit tobacco.
Building owner, agent, and operator are each responsible for compliance (R392-510-3).
All places of employment are smoke free, including company vehicles (R392-510-5)
Smoking is not permitted within a 25-foot buffer zone around entrances, exits, open windows, or ventilation intakes (R392-510-9 ).
Entryways have clearly visible signs using the words “No smoking is permitted in this establishment,” or a similar statement, plus the international no-smoking symbol (R392-510-12 ).
Lettering for no-smoking signs at entrances are no less than 1.5 inches in height (R395-510-12).
International no-smoking symbols used alone are four inches in diameter or greater (R392-510-12 ).
Ashtrays provided within the 25-foot buffer zone have signage indicating they are for the extinguishing of tobacco products only, and the area around it is not a smoking area. The sign references the 25-foot prohibition (R392-510-9 ).
It explains the benefits of a tobacco-free environment in the workplace. It also outlines what you can do as an employer to help your employees quit using tobacco and protect workers from secondhand smoke. By making small changes you can put thousands of dollars back into your business and improve the lives of your employees.