Guidelines Regarding Indiana Smoking Ban State Law
For all Staff and Part-Time Employees
Overview
Since January 1, 2008, all IU campuses have had policies that provide for a tobacco-free or smoke-free campus.
On July 1, 2012, Indiana’s new statewide smoking ban went into effect. House Enrolled Act No. 1149 prohibits smoking in most public places and places of employment. Smoking is prohibited within eight feet of a public entrance to a public place and place of employment. Smoking is also prohibited in state-owned vehicles.
The Indiana smoking ban requires covered employers to inform each of their current and prospective employees of the smoking prohibitions. An employer must post conspicuous signs at each public entrance that references the smoking ban. Owners, managers or other persons in charge of a place of employment or public space are responsible for enforcing the law and making sure all employees and customers comply.
Prior to the new Indiana state law, violations of the tobacco-free of smoke-free policies on each campus by employees was a violation of University policy. As of July 1st, violations of University policy may also result in a violation of state law and a police-issued citation. Failing to comply is a Class B infraction with a required payment of a fine in accordance with county procedures; similar to a traffic ticket. Three or more infractions is considered a Class A infraction. Indiana University police are to report employee infractions to University HR/Campus HR offices for Staff and Part-Time employees and to Academic Affairs offices for Academic employees. University police are to report student infractions to Student Affairs.
Guidelines for IU HR and Campus HR offices in Addressing Violations: Inform, Educate, and Review
IU Policies Violation
- Violations of IU’s Non-Tobacco/Non-Smoking policies should be referred to the respective University HR or campus HR office.
- The University HR or Campus HR office will notify the employee of the IU policy violation.
- IU will INFORM the employee in regards to the IU Non-Tobacco or Non-smoking policies.
- IU will EDUCATE the employee regarding tobacco/smoking cessation programs.
- IU will REVIEW the employee’s benefits status and to determine if the employee signed the tobacco-free affidavit. If the employee signed the tobacco-free affidavit and after due process, then notify askHR and the employee’s medical premium credit for non-use of tobacco will cease. The employee may continue receiving the tobacco-free reduction by completing the university-approved tobacco cessation program.
- Based on the severity of the violation (for example, work place safety or multiple violations) the University HR or campus HR office will collaborate with the employee’s department regarding a possible corrective action program.
Indiana Smoking Ban Violation (IN Law)
- The University Police will enforce the new Indiana smoking ban on University property. If a Staff or Part-Time employee is issued a citation the campus police department will notify the respective University HR or campus HR office.
- The campus HR office will notify the employee that the University has been informed of the recent violation of University policy and IN state law regarding smoking.
- IU will INFORM the employee in regards to the IU Tobacco policies and the IN state smoking ban.
- IU will EDUCATE the employee regarding tobacco/smoking cessation programs.
- IU will REVIEW the employee’s benefits status and to determine if the employee signed the tobacco-free affidavit. If the employee signed the tobacco-free affidavit and after due process, then notify askHR and the employee’s medical premium credit for non-use of tobacco will cease. The employee may continue receiving the tobacco-free reduction by completing the university-approved tobacco cessation program.
- Based on the severity of the violation (for example, work place safety or multiple violations) the University HR or campus HR office will collaborate with the employee’s department regarding a possible corrective action program.
