Follow Up: Wisconsin Goes Smoke-Free – Are You Ready?

By
June 7, 2010

We have had many inquiries with regard to the alert we issued late last week referencing Wisconsin s new smoke-free law titled Wisconsin Goes Smoke Free – Are You Ready?. In light of those inquiries, we are providing a copy of the newly revised statute that was created by 2009 Wisconsin Act 12. The statute is Section 101.123. At the end of the statute, there is a listing of the prior statute so a comparison of the new and the old can be made. The new statute goes into effect on July 5, 2010.
We also spoke with a representative of Smoke Free Wisconsin, one of the advocates of the new law. We were advised that the smoking prohibitions apply to employer-owned vehicles used in the employer’s business. We were also advised by Smoke Free Wisconsin that the “reasonable distance from the workplace” rule applies to places of employment. This means that not only is smoking prohibited in the workplace, it is also prohibited in places outside of the workplace that are not a reasonable distance from the workplace. A reasonable distance is not defined in the law. Rather, each employer must initially decide what a reasonable distance from the workplace is for purposes of the law. Reasonable distance from the workplace can vary from one employer to another depending upon the circumstances.
 
Please feel free to contact any of the attorneys in the Employment, Benefits & Labor Relations Practice Group of Ruder Ware if you have any questions or require clarification in regard to the provisions of the new law and your responsibility.

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