Follow Up:  Wisconsin Goes Smoke-Free - Are You Ready?
2010-06/07 Jeffrey T. Jones and Christopher M. Toner

We have had many inquiries with regard to the alert that 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 us if you have any questions or require clarification in regard to the provisions of the new law and your responsibility. 

© 2010 Ruder Ware, L.L.S.C. Accurate reproduction with acknowledgment granted. All rights reserved.
This document provides information of a general nature regarding legislative or other legal developments. None of the information contained herein is intended as legal advice or opinion relative to specific matters, facts, situations, or issues, and additional facts and information or future developments may affect the subjects addressed.