What does Nebraska’s smoke-free
air law do?
Protects
employees and the public from secondhand smoke.
Prohibits
smoking in indoor public places and workplaces.
Indoor
area includes, but is not limited to, any work area, employee breakroom,
restroom, conference room, meeting room, classroom, employee cafeteria, and
hallway.
What places are NOT
covered?
Up
to 20% of hotel rooms
Tobacco-only
retailers defined as “store that sells only tobacco and products directly
related to tobacco. Products directly related to tobacco do not include
alcohol, coffee, soft drinks, candy, groceries or gasoline.”
Facilities
researching the health effects of smoking
Private
residences, except when a residence is being used as a licensed child care
program.
What about the
outdoors?
The
law does not address smoking outdoors at private worksites.
Individual
businesses may choose to create smoke-free areas outdoors.
Local
communities may choose to create smoke-free environments near worksites and
public places.
What about local
laws?
Local
smoke-free air laws remain on the books.
Workplaces and public places made smoke-free by local laws that aren’t
covered by state law will be required to be smoke-free by that local law.
Local
laws in some communities include provisions such as those that require that tobacco retailers be smoke-free; that smoking be prohibited near fireworks stands or at swimming pools; and that local government
vehicles be smoke-free.
Consult
your local community government or health department for details on pertinent local laws.
What are the
penalties under Nebraska’s
law?
A
person who smokes in a place of employment or a public place in violation is
guilty of a Class V misdemeanor (maximum $100 fine) for the first offense and
Class IV misdemeanor (minimum $100, maximum $500) for the second and subsequent
offense. Charges can be dismissed upon
successful completion of a smoking cessation program.
A
proprietor that fails, neglects or refuses to perform a duty under the law is
guilty of a Class V misdemeanor for the first offense and a Class IV
misdemeanor for the second and subsequent offenses.
Each
day a violation continues is a separate and distinct violation. The actions and omissions of an employee or
agent of a proprietor are imputed “to be the act or omission of such
proprietor,” and, accordingly, such proprietor is subjected to the same penalty
as if the proprietor committed the act or omission.
What should members
of the public know?
Complaints
may be reported to:
Local
or state law enforcement agencies
Local
or state departments of health
For
more information about Nebraska’s
smoke-free air law visit:
www.smokefree.ne.gov