Hawaii Smoke-Free Law FAQ



  1. What is the Hawaii Smoke-Free LawThe Hawaii State Legislature recently passed a comprehensive Smoke-Free Law that will affect employers statewide.  Smoking will be prohibited in all “enclosed and partially enclosed” businesses, state and county facilities, or places open to the public.  The law takes effect on November 16, 2006.


  1. What places are included in the new law?  Under the new law:


·                    Smoking is not allowed in enclosed or partially enclosed places of employment.  As defined in the measure, “enclosed or partially enclosed” means any area closed in by a roof or overhang and two walls and includes, but is not limited to, restrooms, lobbies, lanais, interior courtyards, patios and covered walkways.


·                    Smoking is not allowed in facilities owned by the state or the counties.


·                    Smoking is not allowed in enclosed or partially enclosed places open to the public.  This includes buses and taxicabs.


·                    Smoking is not allowed in sports arenas, outdoor arenas, stadiums, and amphitheaters.


·                    No smoking is allowed within 20 feet of the entrances, exits, and ventilation intakes of any of the above facilities.


  1. Are there any exceptions to the law?  There are five exceptions:


·                    Private residences, except when used as a licensed child care, day care, or health care facility


·                    Hotel and motel rooms designated as smoking and that comply with state regulations


·                    Retail tobacco stores where the smoke cannot affect non-smoking areas


·                    Private and semi-private rooms designated as smoking in nursing homes


·                    State correctional facilities



4.  How do I deal with people who want to smoke?  All employees must remind them of the law and can politely explain that they must step outside to smoke at least 20 feet from any entrance, window, or ventilation intake.


5.  What if they smoke in a smoke-free area?  They must be asked to stop smoking or move to an area where smoking is allowed.  If they refuse, they could be cited and fined.


  1. What if I choose not to ask them to stop smoking?  If you fail to comply with the law, other employees or members of the public may file a complaint.


  1. How do I file a complaint?  The State Department of Health is responsible for enforcing the law.  Building owners, managers, and employers are responsible for making sure that employees understand and comply with the law.


  1. Where can I get more information on this law?  Visit www.hawaiismokefree.com for more details.


  1. Where can I get information on quitting?  If you smoke and want to quit, call the Hawaii Tobacco Quitline at 1-800-QUIT-NOW (1-800-784-8669) or visit the following cessation websites:


·                     Hawaii State Department of Health



·                     Call It Quits – The Hawaii Tobacco Hotline



·                     American Lung Association



·                     HMSA Ready, Set, Quit



·                     Kaiser HealthMedia Breathe