Along with the rest of the country, the prevalence of tobacco smoking in Nevada has declined over the last couple of decades. One contributor to the decline has been the Nevada Clean Indoor Air Act (NCIAA), NRS 202.2483, which went into effect at the end of 2006 and regulates smoking in places of employment.
The NCIAA limits smoking in many venues
The NCIAA’s goal is to reduce exposure to secondhand smoke. It prohibits smoking in a wide range of places, including:
- Public and private school buildings and on public and private school grounds.
- Childcare facilities.
- All areas of grocery stores, convenience stores, and drug stores.
- All indoor areas within restaurants, including those in casinos or gaming establishments.
- Shopping malls and retail establishments.
- Video arcades.
- Government buildings and public places.
- Movie theaters.
Where smoking is allowed
Although the NCIAA’s restrictions are broad, the law allows smoking in a range of specific situations. These include:
- Outdoor areas at restaurants.
- Completely enclosed areas of bars that do not admit patrons under 21 years of age.
- Strip clubs and brothels.
- Retail tobacco stores.
- Private residences, even if they are used as workplaces, but not if they are used as a childcare, adult day care, or health care facility.
- Tobacco trade shows..
- Gaming areas in casinos where loitering by minors is restricted by law.
Employer compliance with the NCIAA
Unless an employer’s workplace falls into one of the specific categories where smoking is allowed, the employer must take steps to prohibit smoking there. These are the required steps:
- Post conspicuous “No Smoking” signs at all entrances.
- Keep smoking-related items like ash trays out of areas where smoking is prohibited.
- Inform anyone who is smoking that smoking is not allowed.
Failure to comply with these requirements is a misdemeanor and can result in a citation as well as a civil penalty of $100 per violation. NRS 202.2492 and 202.24925.
Employers should also keep in mind that the NCIAA prohibits retaliation against employees, applicants, or customers who exercise their rights under the law, for example by reporting a violation to state or local enforcement authorities.
GGRM can help
GGRM has represented Las Vegas employers and workers for decades, and is dedicated to helping our community stay healthy and safe. If you have questions about how the NCIAA affects you or your business, please give us a call today at 702-388-4476, or visit our website, to schedule an attorney consultation.