Smoking in the Workplace Law Summaries
Mississippi, Smoking in the Workplace Law Summaries
The Mississippi Clean Indoor Air Act (H. 123, L. 2006), took effect July 1, 2006. The Mississippi Adult Tobacco Use on Educational Property Act of 2000 (H. 641, L. 2000, effective July 1, 2000) is located in the Mississippi Code at Title 97, Ch. 32.
DEFINITIONS
“Government building” means the New State Capitol Building, the Woolfolk State Office Building, the Carroll Gartin Justice Building, the Walter Sillers Office Building, the Heber Ladner Building, the Department of Transportation Building, the Robert E. Lee Office Building, the Robert G. Clark, Jr., Building, the State Board of Health Building, the Public Employees' Retirement System Building, the Central High Building, the Court of Appeals Building, the War Veterans' Memorial Building, the State Archives Building, the Ike Sanford Veterans Affairs Building, the Old State Capitol Building, the Burroughs Building, the Mayfair Building, 101 Capitol Centre and any other facility in the state that is owned or leased by the State of Mississippi or any agency, department or institution of the state and that is used for housing state employees during the time of performance of their regular duties for the state; any building owned, rented, leased, occupied or operated by the state, including the legislative, executive and judicial branches of state government; any county, municipality or any other political subdivision of the state; any public authority, commission, agency or public benefit corporation; or any other separate corporate instrumentality or unit of state or local government. If only part of a facility is leased by the state or an agency, department or institution of the state, or any county, municipality or other political subdivision of the state, only the leased part of the facility will be considered to be a government building for the purposes of this definition. The term "government building" shall not include any building owned or leased by the state institutions of higher learning or the public community and junior colleges or any space in a government building used by law enforcement officers (Sec. 29-5-161, as amended by H. 123, L. 2006, effective July 1, 2006).
“Educational property” means any public school building or bus, public school campus, grounds, recreational area, athletic field, or other property owned, used or operated by any local school board, school, or directors for the administration of any public educational institution or during a school-related activity; provided, however, that the term “educational property” does not include any sixteenth section school land or lieu land on which is not located a public school building, public school campus, public school recreational area or public school athletic field. Educational property does not include property owned or operated by the state institutions of higher learning, the public community and junior colleges, or vocational-technical complexes where only adult students are in attendance (Sec. 97-32-27, as added by H. 641, L. 2000).
WHAT THE EMPLOYER MUST DO
Government buildings.- Effective until July 1, 2007, no person shall smoke in any government building, nor in any university or college classroom building. The person, agency or entity having jurisdiction or supervision over a government building or university/college classroom building shall not allow smoking in the government or university/college classroom building and shall use reasonable efforts to prevent smoking in such building, including, but not limited to, the following: (1) posting appropriate signs informing employees, invitees, guests and other person that smoking is prohibited in the building; (2) securing the removal of persons who smoke in the building (Sec. 29-5-161, as amended by H. 123, L. 2006, effective July 1, 2006).
Effective July 1, 2007, no person shall smoke in any government building, except as follows: The State Veterans Affairs Board may designate smoking areas in the state veterans homes operated by the board in which smoking will be permitted. No person shall smoke in any government building, nor in any university or college classroom building. The person, agency or entity having jurisdiction or supervision over a government building or university/college classroom building shall not allow smoking in the government or university/college classroom building, except in designated smoking areas in veterans homes as described just above, and shall use reasonable efforts to prevent smoking in such building, including, but not limited to, the following: (1) posting appropriate signs informing employees, invitees, guests and other persons that smoking is prohibited in the building; (2) securing the removal of persons who smoke in the building (Sec. 29-5-161, as amended by H. 1090, L. 2007, effective July 1, 2007).
Educational property.- No person may use any tobacco product on any educational property (see DEFINITIONS above). Any adult who violates this law will be subject to a fine and will be liable as follows: (1) for a first conviction, a warning; (2) for a second conviction, a fine of $75; and (3) for all subsequent convictions, a fine not to exceed $150 will be imposed (Sec. 97-32-29, as added by H. 641, L. 2000).
Condition of employment.- Employers (public and private) may not require as a condition of employment that an individual abstain from smoking or using tobacco products during nonworking hours as long as the individual complies with laws or policies regulating smoking on the employer's premises during working hours (Sec. 71-7-33).
<p>Condition of employment.— Employers (public and private) may not require as a condition of employment that an individual abstain from smoking or using tobacco p</p>
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