Smoke-Free Workplace: Delaware

This Smoke-Free Workplace policy applies to employees in Delaware under Delaware's Clean Indoor Air Act (16 Del. C. Ch. 29), which generally restricts smoking in enclosed indoor areas that are open to the public and in many workplaces, and supports clear expectations for smoking, vaping, and electronic smoking devices on your organization's property, including buildings, vehicles, and other enclosed spaces.

The History Behind Smoke-Free Workplace Policies in Delaware

Drugs & Alcohol in the Workplace policies started pulling tobacco and vaping into the same compliance conversation once workplaces got serious about indoor air and secondhand smoke. Delaware's modern baseline comes from the Delaware Clean Indoor Air Act, which restricts smoking in many enclosed indoor areas and sets expectations for how indoor spaces get managed. Employers did not invent smoke-free rules for fun, they did it because the default used to be "smoking happens indoors unless someone stops it," and that approach aged badly as the health data on secondhand smoke piled up.

Delaware's law pushed smoke-free practices beyond offices and into the places that used to fall through the cracks, like indoor common areas and other enclosed spaces where people still work, even if no customers ever show up. The statute also contains enforcement mechanics, which matters because it turns "please don't" into "you have to." Once that framework existed, a written policy became the practical way to set boundaries, post expectations, and give supervisors something consistent to enforce.

Then E-cigarettes and other electronic smoking devices arrived, and the old "smoking" definitions got outdated fast. Delaware employers responded with rules that treat smoking and vaping as the same indoor-air issue, and they extended those rules to enclosed workspaces and vehicles (in certain cases) where exposure is hard to avoid. That's why you still see clear distance requirements near doors and windows, plus a reporting path that doesn't punish whoever speaks up.

Which Law is the Smoke-Free Workplace Policy Meant to Comply With?

If you create and distribute a Smoke-Free Workplace Policy for your Delaware-based employees, it is in an effort to comply with Delaware's Clean Indoor Air Act (16 Del. C. Ch. 29, including Section 2903).

How to Write a Delaware-Specific Smoke-Free Workplace Policy

• Start with "why" and introduce the concept.
• Define what's prohibited, including smoking, vaping, and electronic smoking devices.
• Set the rule that smoking and vaping aren't allowed in enclosed workplace areas, including buildings and vehicles.
• Clarify who the policy applies to on your organization's property.
• Limit smoking and vaping to legally permitted outdoor areas and set a buffer from entrances, exits, open windows, and air intakes.
• Explain how employees can raise concerns about violations without retaliation.
• State that violations may lead to discipline, up to and including termination.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer. 

Most employers can skip a policy on this and be fine, as long as they comply behind the scenes when it applies. Consider adding it only if you have employees who are likely to run into this situation, your industry makes it more relevant, or your existing policies leave a gap. Otherwise, this is better handled as a targeted procedure or an one-off communication when the scenario actually comes up. 

Other Considerations

The law applies to Delaware employers who have at least 1 employee in the US.

Exceptions

None.