Are Businesses Exempt from Smoking Policies in Clark County, Nevada?

The Nevada Clean Indoor Air Act is a law that protects citizens from second-hand smoke and e-vaping products in most enclosed public places and indoor workplaces. However, businesses have the right to implement their own voluntary “no smoking” policies, specifying a certain distance from their establishment where smoking can be allowed. This helps to minimize the amount of tobacco smoke that enters a building through doors, windows, ventilation systems, or any other means, and allows customers to enter without exposure to second-hand smoke. A study conducted by the Centers for Disease Control and Prevention (CDC) found that 99% of non-smokers had measurable amounts of cotinine (a chemical that the body metabolizes from nicotine) in their bodies.

This indicates that even if you are not in an enclosed space with smokers, you can still be exposed to second-hand smoke. The Nevada Clean Indoor Air Act has reduced the exposure that many Nevadans are exposed to in the workplace, but there are still many people who work in casinos and other exempt locations and who suffer daily exposure to second-hand smoke. Non-exempt companies should keep electronic smoking or vaping paraphernalia, including items that are used as ash containers, in areas where smoking and using e-vaping products are prohibited and inform customers who smoke that smoking and the use of e-vaping products are not allowed. The proposal, an amendment to SB50 requested by the Clark County Health District, would prohibit smoking in all public buildings, video game rooms, day care centers and restaurants.

For any environment, the level of damage caused by exposure depends on the total time spent in the environment and the amount of smoke in that airspace. Exposure to second-hand smoke occurs when a tobacco product is smoked in an enclosed area or near another person. The Nevada Clean Indoor Air Act does not restrict smoking outside building entrances but businesses have the right to implement their own voluntary “no smoking” policies. This helps to protect children and adults from second-hand cigarette smoke and second-hand aerosol from e-vaping products.

In unsuccessfully trying to expand the bill, Clark County Health District lobbyist Helen Foley said that her amendment exempted the state's big casinos to avoid opposition from powerful lobbyists at the resort. Non-exempt companies should keep electronic smoking or vaping paraphernalia, including items that are used as ash containers, in areas where smoking and using e-vaping products are prohibited and inform customers who smoke that smoking and the use of e-vaping products are not allowed.

Guilherme González
Guilherme González

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