Legal Question in Business Law in California

Smoking in the Workplace

I work in a small freight company in Inglewood, CA. In the office my boss likes to smoke. None of us mind but when the mail man comes he frequently complains about the smoke and has even threatend to sue us. What is California's stance on smoking in the workplace and does he have a case?


Asked on 4/21/06, 3:08 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Smoking in the Workplace

It is prohibited. You (or someone else) may report the boss to local authorities, and he could face a fine. See Labor Code 6404.5, which states in pertinent part: "Any violation of the prohibition set forth in subdivision (b) is an infraction, punishable by a fine not to exceed one hundred dollars ($100) for a first violation, two hundred dollars ($200) for a second violation within one year, and five hundred dollars ($500) for a third and for each subsequent violation within one year. This subdivision shall be enforced by local law enforcement agencies including, but not limited to, local health departments, as determined by the local governing body."

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Answered on 4/21/06, 3:25 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Smoking in the Workplace

It's a criminal offense to smoke in enclosed places of employment. Cal. Labor Code � 6405. The police or the Division of Labor Standards Enforcement (www.dir.ca.gov) could cite him. There is a hotline number to call but I don't know what it is offhand. Probably he could not be sued.

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Answered on 4/21/06, 3:26 pm


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