§ 22-117. Regulation in the workplace.

(a)

Notwithstanding the provisions of sections 22-115 and 22-116, any employer may designate any workplace, or portion thereof, as a smoking area. Any employer who chooses to designate any workplace, or portion thereof, as a smoking area shall:

(1)

Have and implement a written policy on smoking which conforms to this article;

(2)

Make the policy available for inspection by employees and the director or his authorized representatives;

(3)

Prominently display appropriate signs indicating that smoking is allowed or prohibited; and

(4)

Provide facilities in sufficient numbers and at such locations to be readily accessible for the extinguishment of smoking materials.

(b)

It shall be unlawful for any person to violate any of the provisions of an employer's written smoking policy, adopted, implemented, and maintained in accordance with subsection (a) of this section, provided that it shall be a defense to prosecution under this section that the workplace does not have prominently displayed, reasonably sized signs indicating that smoking is prohibited.

(Code 1978, § 21.5-4; Code 1993, § 42-135)