The Clean Indoor Air Act of 2006 does not protect all workers from the dangers of second-hand smoke.
Exemptions to the Clean Indoor Air Act (2006):
- Private residences, except when used as a licensed child care, adult daycare, or health care facility
- Hotel and motel rooms that are rented to guests and are designated as smoking rooms.
- if a hotel or motel has more than twenty-five (25) guest rooms, not more than twenty percent (20%) of rooms rented to guests in a hotel or motel may be designated as exempt
- All workplaces of any employer with fewer than three (3) employees.
- This exemption does not apply to any public place
- A retail tobacco store, if secondhand smoke from the store does not infiltrate into areas where smoking is prohibited under this
- Areas within long-term care facilities that are designated by the facility as a smoking area or for supervised patient smoking only
- Outdoor areas of places of employment
- All workplaces of any manufacturer, importer, or wholesaler of tobacco products, of any tobacco leaf dealer or processor, and all tobacco storage facilities
- All restaurants and bars licensed by the State of Arkansas that prohibit at all times all persons less than twenty-one (21)
What is prohibited by the Clean Indoor Air Act (2006)?
- All vehicles and enclosed areas owned, leased, or operated by the State of Arkansas,
- its agencies and authorities, and
- any political subdivision of the state, municipal corporation, or local board or
- any authority created by general, local, or special act of the General Assembly or by ordinance or resolution of the governing body of a county or municipal corporation individually or jointly with other political subdivisions or municipalities of the state.
- All public places and enclosed areas within places of employment, including, but not limited to
- Common work areas
- Conference and meeting rooms
- Private offices
- Health care facilities
- Employee lounges
- All other enclosed areas
An individual, person, entity, or business subject to the smoking prohibitions of this section shall not discriminate or retaliate in any manner against a person for making a complaint of a violation of this section or furnishing information concerning a violation to a person, entity, or business or to an enforcement authority.