Employer Obligations for Smoking Signage Under California Labor Code

| written by Jose Cabada, principal attorney

As we start the new year, it’s a good time for employers to review compliance items that often get overlooked. One of these is the requirement to post signage about where smoking is permitted and prohibited under California Labor Code section 6404.5(c)(1).

The short: 

Posting proper signage is a simple but essential step in maintaining a healthy, compliant workplace. Besides checking signage, be sure to include a review of your employee handbook to confirm that your smoking policies and any designated smoking areas are clearly outlined for staff.

The long: 

California law requires employers to maintain smoke-free workplaces and protect employees from secondhand smoke. This includes posting clear signs that indicate areas where smoking is prohibited and, if applicable, where it is allowed.

What the law requires:

 

  • Employers must post “No Smoking” signs at every entrance to buildings or facilities where smoking is prohibited.
  • If there is a designated smoking area, signage must clearly identify its location and ensure it complies with statutory restrictions.
  • The responsibility for compliance rests with the employer, regardless of whether the workplace is public or private.

Why compliance matters: Failure to comply can lead to civil penalties and enforcement actions by local health departments. It can also result in employee complaints to Cal/OSHA, creating unnecessary risk for the organization.

Best practices:

 

  • Conduct a signage audit to confirm compliance at all entrances and designated smoking areas.
  • Update employee handbooks with changes to policies or designated areas
  • Train facilities and HR teams on Labor Code requirements.
  • Review local ordinances, as some cities impose stricter rules than state law.