Human Resource Blog

Massachusetts Workplace Smoking Laws

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What is the employer’s responsibility if smoking occurs in the workplace in Massachusetts?

Massachusetts is a mostly smoke free state. This means that there is no smoking in enclosed public buildings and workplaces. It is the job of the employer to ensure that smoking does not occur within the workplace. 

Smoking is not allowed in workplaces, common work areas, conference rooms, meeting rooms, elevators, or hallways. Additionally smoking is not allowed in work cafeterias, stairways, employee lounges, and restrooms.  

Beyond the workplace, smoking is prohibited in other places as well. These places include bars, restaurants, airports, supermarkets, colleges, health care facilities, theaters, auditoriums, concert halls, and sports arenas. 

However, there are some exceptions to the law. Smoking is allowed in private homes, unless there is one of the following in the home: a childcare center (any aged children), any type of children’s camp, or any type of licensed health care facility.   Smoking is also allowed in places where a membership is needed to enter the building. Also, guest rooms in hotels and motels can allow smoking as long as they are labeled as “Smoking Rooms”.  

Retail stores that primarily sell tobacco and tobacco products may allow smoking in their buildings. Similarly, smoking bars that hold a proper license may allow smoking.   Smoking is also allowed in theater productions as long as the smoking is an integral part of the play.  

While there are quite a few exceptions to the rule it’s the employer’s job to know the law and ensure that it is followed. To help enforce the law employers must post signs that are clearly visible in areas where smoking is not allowed. Any employer who violates the law will be subject to a $100 fine on the first offense, a $200 fine of the second offense, and a $300 fine for each additional offense within two years of the second offense.  CR