Human Resource Blog

Nebraska Laws on Smoking

What smoking laws exist in Nebraska that businesses need to know about?

Smoking is prohibited in certain areas of public places in the state of Nebraska. These public places are places that are enclosed and they include restaurants, retail stores, offices and other workplaces.  Smoking has to be limited to designated areas in workplaces.

The law does not apply to private offices that are populated completely by smokers. In these cases, smoking is allowed. Also, for private functions that are sponsored by a private entity, smoking is permitted. Finally, in warehouses and other workplaces where the public is not normally allowed, the Department of Health and Human Services is responsible for making the smoking rules that will apply. 

There is no smoking allowed in any government building in Nebraska. Additionally, there is no smoking within 10 feet of any government building. These laws extend to the State Fairgrounds where smoking can not occur in any more than 50% of the state owned buildings. Smoking is also restricted to certain areas in restaurants. Any restaurant that is less than 1200 square feet in size may designate itself as a building that allows smoking throughout. However, these places must clearly post signs at all entrances that state there is smoking in the entire restaurant. 

Smoking is limited to designated areas in health care facilities. In places where there is childcare, there is absolutely no smoking permitted. However, if the childcare facility is part of a private home then smoking is only prohibited while there are children present. Smoking is also restricted to designated areas within schools and other educational facilities. 

Any person who does not obey this law and smokes in a prohibited area will be charged with a Class V misdemeanor. Any owner or manager of a business is responsible for following the state laws and for enforcing the laws as well. Any manager or owner who doesn’t follow the laws will also be subject to fines and penalties.