A Guide for Employers
Effective January 1, 2020, the use of vapor products or electronic cigarettes as well as the smoking of tobacco products in most public places and indoor places of employment are no longer allowed under the Nevada Clean Indoor Air Act.
What does the Nevada Clean Indoor Air Act do?
The Act protects the public from secondhand cigarette smoke and secondhand aerosol from e-cigarettes or vaping products. Secondhand smoke, also called environmental tobacco smoke, is a combination of smoke from the burning end of a cigarette, cigar, or pipe and the smoke exhaled by smokers. The U.S. Environmental Protection Agency reports that secondhand smoke contains more than 4,000 substances, many of which are known to cause cancer in humans.
Nevada’s Desert Research Institute published research from 2016-18 that showed there is a “significant amount of cancer-causing chemicals” along with dangerous aldehydes that are “formed during the chemical breakdown of flavored e-liquids and emitted in e-cig vapors.” The health risks extend to second and thirdhand exposure.
Not a single vapor product has been approved by the U.S. Food and Drug Administration as less harmful, despite industry claims to the contrary.
Where is smoking and the use of electronic vaping products now banned in Nevada?
The use of vapor products or e-cigarettes, and smoking tobacco in any form is prohibited within most indoor places of employment including:
- Public and private school buildings and on public and private school grounds
- Child care facilities
- All areas of grocery stores, convenience stores, and drug stores
- All indoor areas within restaurants, including those in casinos or gaming establishments
- Shopping malls and retail establishments
- Video arcades
- Government buildings and public places
- Movie theaters
Where is smoking and the use of electronic vaping products still allowed?
Smoking and the use of e-cigarettes or vaping products is permitted in:
- Areas within casinos where loitering by minors is already prohibited by state law pursuant to NRS 463.350.
- Completely enclosed areas within stand-alone bars, taverns, and saloons in which patrons under 21 years of age are not allowed to enter.
- Age-restricted stand-alone bars, taverns, and saloons.
- Strip clubs and brothels.
- Retail tobacco stores.
- Private residences, including private residences that may serve as an office workplace, except if used as a child care, adult day care, or health care facility.
- The area of a convention facility in which a meeting or trade show is being held, during the time the meeting or trade show is occurring, if the meeting or trade show:
- Is not open to the public
- Is being produced or organized by a business relating to tobacco or a professional association for convenience stores
- Involves the display of tobacco products
If my business is not listed above, does the Act apply?
Smoking and the use of e-cigarettes or vaping products in all indoor places of employment is prohibited, unless the business is specifically exempted by the Act.
Can a business that is exempt from the Act choose to implement a voluntary “No Smoking/No Vaping” policy?
Businesses or venues that are excluded from the Act may implement voluntary policies to prohibit the use of e-cigarettes or vaping products. For more information on implementing a policy at your establishment go to www.gethealthyclarkcounty.org/live-tobacco-free/tobacco-free-public-places/.
How does this Act affect private offices?
Employees with private offices are prohibited from smoking and the use of e-cigarettes or vaping products in their office or anywhere in the building.
What do I need to do to ensure compliance with the Act?
Employers must post conspicuous “No Smoking” signs at every entrance. Non-exempt businesses must keep smoking paraphernalia, including items to be used as ash receptacles, from areas where smoking and the use of e-cigarettes or vaping products is prohibited and inform smoking customers or clients that smoking, and the use of e-cigarettes or vaping products is not allowed.
Free, downloadable “No Smoking” and “No Vaping” signs are available on the “No Smoking” Signs webpage.
How will the Act be enforced?
Compliance with the Act is the responsibility of the establishment, its agents, and employees. The Southern Nevada Health District has the duty to enforce the provisions of the Act and responds to complaints of violations.
How can I report violations of the Nevada Clean Indoor Air Act?
Violations can be reported by completing the NCIAA Complaint Form or by calling (702) 759-1990.
Where can I find more information?
For more information regarding compliance with the Act, call the Southern Nevada Health District’s Environmental Health Division at (702) 759-0588.
For more information on the dangers of secondhand smoke and secondhand aerosol from e-cigarettes or vaping products, call the Southern Nevada Health District’s Tobacco Control Program at (702) 759-1270.
If I smoke or vape and want to quit, where can I get more information?
Residents 13 years of age and older can call the Nevada Tobacco Quitline at 1-800-QUIT NOW (1-800-784-8669) from a Nevada area code to access a free, phone-based service. Go to www.nevadatobaccoquitline.com for more information.
Updated on: November 4, 2019