Does the Ohio smoking ban protect me?

I do not smoke. I recently was ordered by my employer to clean the smoke shacks. I insisted I shouldn't have to He said tuff luck. Even whenthe shack is empty, it sometimes still has smoke. I now smell like cigarettes and on occasion my sinus' and throat become irritated.

I have tried to find an answer on the smoking ban website but it is vague.

Am I screwed?

Update:

I am not allowed to close the shacks. Therefore people may or not be smoking in them when I have to clean them. If they are empty, sometimes someone will come out to fire one up.

The employer is not exempt. (major employer)

Smokers stay away. I dont need you preaching to me. I have been there for 3 years. I make a good wage. So dont just say find another job please.

5 Answers

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  • Dave
    Lv 4
    9 years ago
    Favorite Answer

    I don't know what exactly a smoke shack is... for the purposes of Ohio's smoking ban, a "smoke shack" is not defined.

    What is defined as an allowable smoking area is an "outdoor patio."

    (I) “Outdoor patio” means an area that is either: enclosed by a roof or other overhead covering and walls or side coverings on not more than two sides; or has no roof or other overhead covering regardless of the number of walls or other side coverings.

    Also....

    (B) “Public place” means an enclosed area to which the public is invited or in which the public is permitted and that is not a private residence.

    (C) “Place of employment” means an enclosed area under the direct or indirect control of an employer that the employer’s employees use for work or any other purpose, including but not limited to, offices, meeting rooms, sales, production and storage areas, restrooms, stairways, hallways, warehouses, garages, and vehicles. An enclosed area as described herein is a place of employment without regard to the time of day or the presence of employees.

    (F) “Enclosed Area” means an area with a roof or other overhead covering of any kind and walls or side coverings of any kind, regardless of the presence of openings for ingress and egress, on all sides or on all sides but one.

    Furthermore....

    (A) No proprietor of a public place or place of employment, except as permitted in section 3794.03 of this chapter, shall permit smoking in the public place or place of employment or in the areas directly or indirectly under the control of the proprietor immediately adjacent to locations of ingress or egress to the public place or place of employment.

    SO.... if your smoke shack does not meet the definition of "outdoor patio", and it's a place of employment in that it's enclosed, and you use it for work (cleaning, a task you are paid to perform), then it must be a non-smoking area.

    How do I file a complaint?

    By phone: 1-866-559-OHIO (6446) [Smoking Ban Enforcement Line]

    By e-mail: NoSmoke@odh.ohio.gov

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  • 4 years ago

    I hope they refuse you business. I own a business and that Hitler like ban is a farce. I understand that you have a problem with smoking and I feel that it should be posted that it is a smoking environment allowing you to choose if you want to give them business or not but to tell all businesses they have to stop all smoking in THEIR business is nothing short of a Hitler move. If someone from the health department came into my business and wanted my service, I would ask them to leave. They may not be the one that set the ban but they will suffer for the health department's Hilterosities.

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  • Anonymous
    9 years ago

    "smelling cigarettes" is not the same thing as experiencing second hand smoke. So it isn't a health hazard and as such isn't the point of Ohio's law.

    The mere smell of old smoke is no worse than the outside air of a major US city or the kitchen air of any place with a grill.

    So no, you have no protection from this. Stick up the cleaning sign and go clean.

    That cleaning product you use is most likely doing worse things to your health then a cigarette smell.

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  • 9 years ago

    Explain what these smoking shacks are? Then you might be able to be advised better.

    If the employer is exempt from the smoking ban, you can be forced to be exposed to it. It's really your choice to work for an employer who is exempt.

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  • Roddy
    Lv 7
    9 years ago

    It sounds like your employer is trying to get rid of you.

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