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In 2008, Governor Heineman signed LB395 into law, which bans smoking in public, enclosed spaces, starting June 1, 2009. The law is designed to protect the health of residents accessing public spaces as well as the employees of those spaces. In April 2009 he signed off on the regulations that guide implementation and enforcement of the law.
Starting June 1, 2009, it will be a Class 4 or 5 Misdemeanor to smoke in any bar, restaurant, hotel room (except where specifically designated), commercial or in-home child care center, and all indoor workspaces including offices, factories, body shops, etc.
To ask questions or report a violation:
PHSDHD, 995 East Highway 33 Suite 1, Crete NE 68333
1-402-826-4101 (fax)
marcy@phsneb.org
(402) 826-3880
Frequently asked questions:
What is the purpose of the smoking ban?
What businesses does this law apply to?
What constitutes an "indoor area"?
Are businesses required to provide an outdoor smoking area?
Is there a distance requirement away from the door where smoking is allowed?
Who enforces this law and how will it be enforced?
How will complaints be handled?
What if a customer/employee lights up indoors?
What if a customer/employee refuses to comply with the law?
Is smoking allowed in business-owned vehicles?
Is smoking allowed in private offices?
Can people smoke in a business when it is closed to the public (e.g. after hours)?
How do I implement a smokefree policy?
What resources are available to help employees quit smoking?
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What is the purpose of the smoking ban?
The purpose of this law is to protect workers and the public from exposure to secondhand smoke. Exposure to secondhand smoke is a documented health hazard resulting in more than 50,000 deaths per year making it the third most common cause of preventable death. It is linked to heart disease, many cancers, asthma, emphysema and other respiratory diseases, ear infections and respiratory diseases in children, Sudden Infant Death Syndrome, and a variety of other health conditions. Prohibiting smoking in indoor environments is an effective public health policy to lessen or prevent disease, to help smokers reduce or quit smoking, and to keep youth from starting to use tobacco.
What businesses does this law apply to?
This law applies to all businesses including private clubs and keno establishments. It also applies to private residences that are used as child care facilities (while child-clients are present). The only exemptions to this law are businesses in private residences (other than child care operations), scientific or analytical laboratories that are conducting research into the health effects of smoking, and hotels/motels/inns that may designate up to 20% of their guestrooms or suites as smoking which must be contiguous (grouped together) and identified with permanent signs. More strict local ordinances, statutes and/or company policies (e.g. restrictions on outdoor smoking areas, work vehicles, etc.) are not affected by the law - they are still enforceable.
An ammendment was also included and signed with LB 395, which allows smoking of tobacco products OTHER than cigarettes in cigar bars. Cigar bars are defined as establishments that serve only alcohol and tobacco products (no food), and from which a specified proportion of the establishment's profits are from the sale of cigars. This amendment/exception is not expected to apply to many (if any) establishments currently in the five-county PHS health district.
What constitutes an indoor area?
An indoor area shall mean "an area enclosed by a floor, a ceiling, and walls on all sides that are continuous and solid except for closeable entry and exit doors and windows and in which less than 20% of the total wall area is permanently open to the outdoors". Contact the Health Department with specific questions or to get assistance determining whether or not a particular area is considered "indoors".
Are businesses required to provide an outdoor smoking area?
No. Whether or not businesses provide an outdoor smoking area is an individual business decision. Outdoor environments are not covered by the Nebraska Clean Indoor Air Act of 2008 (LB395).
Is there a distance requirement away from the door where smokers can smoke outside?
There is no distance requirement identified in the law, however businesses are asked to identify a smoking area that is away from the front door and air intake vents.
Who enforces this law and how will it be enforced?
The first violation of LB395 is a Class V Misdemeanor, and additional violations are considered Class IV Misdemeanors. This law will be enforced jointly by both the local police department or sheriff's office and the local health department, Public Health Solutions District Health Department. Both the health and law enforcement agencies are authorized to inspect a place of employment or public place at any reasonable time to determine compliance. For the first complaint/violation, the health department may issue a notice of violation and conduct an inspection and/or a compliance assistance visit. Additional violations will result in a ticket and fine of $100 - 500. [sample complaint form]
How will complaints against a business person-in-charge (for continuing to allow smoking) be handled?
Customers and employees may submit complaints in the form of a written statement about smoking in a public enclosed space to the Health Department: 826-3880, marcy@phsneb.org, 826-4101 (fax). A notice of violation from the health department is the typical response to a first-time complaint. Additional complaints will be addressed with citation(s) and fine(s) issued by the local police/sheriff, or criminal charges by the county attorney. See the next 2 sections regarding complaints made by a business against a customer or employee.
What is the responsibility of the business owner or manager when a customer or employee lights up indoors?
The person-in-charge of the business must ask that individual to refrain from smoking in the establishment. Failure to do so could result in a citation and/or fine.
What steps should a business person-in-charge take if a customer or employee refuses to comply with the law?
If the person-in-charge has asked the individual to refrain from smoking and the individual refuses to comply, the person-in-charge may ask tell the smoker to leave, and/or call the police department at the non-emergency number to ask for assistance with that individual.
Is smoking allowed in business-owned vehicles?
Whether or not to allow smoking in business-owned vehicles is an individual business decision.
Is smoking allowed in private offices?
Smoking is not allowed in private offices in businesses unless the business and its office is located in a private residence.
Can people smoke in a business when it is NOT open to the public such as after hours, on weekends, or on holidays?
No. Smoking is prohibited at all times in businesses that are not exceptions to the law (private residences, research laboratories meeting the identified criteria, or up to 20% of hotel/motel guestrooms/suites). Smoking is allowed in private residences that are used as child care facilities ONLY "off hours", when the child-clients are not present. In these in-home child-care facilities, the clients must be notified if there is smoking conducted off-hours by anyone in the residence.
How do I implement a smokefree policy?
- Inform customers and employees that all businesses in Nebraska are smokefree and are expected to comply with the law.
- Post "NO SMOKING" signs in visible places, including entrances and restrooms. ("No Smoking" coasters and other materials are available at no charge through the Public Health Solutions District Health Department at 826-3880).
- Remove ashtrays.
- Place cigarette butt receptacles outside the business in areas away from entry doors and air intake vents.
- Develop personnel procedures that include when and where smoke breaks can be taken and what happens when an employee violates the policy.
- Train employees about the law, including what to say to smoking customers.
What resources are available to help employees quit smoking?
Support is also available through the National Quitline - (1-800-QUITNOW) that puts users in touch with programs that can help them give up tobacco. In addition, a new website (www.smokefree.gov) offers on-line advice and downloadable information to make cessation easier.
UNMC College of Dentistry
40th & Holdrege
Lincoln, NE 68583
Phone: (402) 472-1958
Classes: Individual counseling
Fee: $60, plus the cost of medications (if any)
BryanLGH Medical Center
1600 S. 48th St.
Lincoln, NE 68506
Phone: (402) 481-3858
Classes: Individualized, 12-week mentored program.
Fee: Varied
St. Elizabeth Regional Medical Center
555 S. 70th St.
Lincoln, NE 68510
Phone: (402) 219-7000
Classes: Varied
Fee: Free
American Cancer Society –
High Plains Division
9850 Nicholas St., Suite 200
Omaha, NE 68114
Phone: 1-800-642-8116 or (402) 393-5800 |
American Lung Association
American National Bank Building
8990 W. Dodge Rd., Suite 226
Omaha, NE 68114
Phone: (402) 502-4950 |
American Heart Association
10100 "J" St., Ste. A
Omaha, NE 68127
Phone: 1-800-642-8400 |
Nebraska Department of Health & Human Services, Division of Public Health – Tobacco Free Nebraska
301 Centennial Mall South
P.O. Box 95026
Lincoln, NE 68509-5026
Phone: (402) 471-2101 |
Cessation Web Sites:
Tobacco Free Nebraska: www.hhs.state.ne.us/tfn/ces/cesindex.htm
Centers for Disease Control and Prevention: www.cdc.gov/tobacco/how2quit.htm
HHS - Office on Women's Health: www.4women.org
American Lung Association: www.lungusa.org
The Great American Smokeout: quitsmoking.com/kopykit/reports/smokeout.htm
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