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Factsheets » Enclosed workplaces

An enclosed workplace means any enclosed area of a building, structure or vehicle that is covered by a roof and that an employee works in or frequents during the course of their employment (whether or not they are acting in the course of their employment at the time), and includes common areas such as washrooms, lobbies and parking garages.

Exempt are places that are primarily private dwellings.

Note: There are two exceptions. Residential care facilities may designate a smoking room for residents and hotels, motels and inns may designate smoking suites.

Responsibilities of employers
Every employer must:
  • Ensure that employees are aware that smoking or holding lighted tobacco is prohibited in enclosed workplaces.
  • Post "no smoking" signs at all entrances and exits and other appropriate locations.
  • Remove ashtrays.
  • Ensure that employees do not smoke in the workplace.
  • Ensure that a person who refuses to comply with the requirements of the SFO Act does not remain in the enclosed workplace or any areas covered by the SFO Act.
  • Employers of staff working in residential care facilities or motels should be aware of the exceptions specific to their workplaces.
Employees
An employee is:
  • A person who performs any work for, or supplies any services to, an employer.
  • A person who receives any instruction or training in the business or profession of an employer.
Protection for employees
  • An employer may not dismiss, threaten to dismiss, discipline, suspend, penalize, intimidate or coerce an employee who obeys or seeks compliance with the Act.

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Last updated: Jan 2009


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