Workplace Smoking Rules in Oklahoma

Employers in Oklahoma must comply with these state rules regulating smoking in the workplace.

Oklahoma prohibits smoking in public places and indoor workplaces, with certain exceptions.

Employers covered: Employers with one or more employees.

Written policy requirements: Employer policy not specified.

Posting requirements: The person who owns or operates a place where smoking or tobacco use is prohibited by law is responsible for posting a sign or decal, at least four inches by two inches in size, at each entrance to the building indicating that the place is smoke-free or tobacco-free.

Signs outside smoking rooms must be white text on red or other highly visible contrasting colors including at least the words "Smoking Room" in letters at least half an inch high.

No smoking areas: Smoking is prohibited in a public place and any indoor workplace, as well as:

• in any part of a zoo where the public may be admitted
• in any state or local government-owned or operated building except in designated smoking rooms
• in any vehicle providing public transportation
• at a meeting of a public body
• in a nursing facility
• in a child care facility
• in buildings owned and used by an educational facility

Also, an educational facility which offers an early childhood education program or in which children in grades kindergarten through 12 are educated must prohibit smoking, the use of snuff, chewing tobacco or any form of tobacco product in the buildings and on the grounds of the facility by all persons including, but not limited to, full-time, part-time, and contract employees during the hours of 7:00 a.m. to 4:00 p.m. during the school session, or when class or any program established for students is in session.

Restaurants must be totally nonsmoking or may provide nonsmoking areas and designated smoking rooms.

Effective November 1, 2010, the State Department of Health is authorized to implement a rebate program for purposes of reimbursing persons or entities that own restaurants located in the state for expenses incurred prior to November 1, 2010, in complying with certain requirements imposed by Oklahoma law. The rebate is equal to 50 percent of the original expenditure, minus depreciation costs, and is to be dispersed only if the restaurant converts completely to a smoke-free environment by January 1, 2013.

Permitted smoking areas: Smoking is permitted in:

• stand-alone bars, taverns or cigar bars
• rooms where licensed charitable bingo games are being operated
• up to 25 percent of the guest rooms at a hotel or other lodging establishment
• retail tobacco stores predominantly engaged in the sale of tobacco products and accessories
• facilities operated by a post or organization of past or present members of the Armed Forces of the United States
• any outdoor seating area of a restaurant provided smoking is not allowed within 15 feet of an exterior public doorway or any air intake of a restaurant
• medical research or treatment centers if smoking is integral to the research or treatment
• workplaces where only the owner or operator or immediate family performs any work in the workplace and the workplace has only incidental access
• workplaces occupied exclusively by one or more smokers if the workplace has only incidental public access
• private offices occupied exclusively by one or more smokers
• workplaces within private residences, except when used as a licensed child care facility during hours of operation
• any outdoor seating area of a restaurant, provided smoking is not allowed within 15 feet of an exterior public doorway or any air intake of a restaurant
• smoking rooms within restaurants
• smoking rooms in other public places and indoor workplaces
• exempted places that elect to permit smoking