Smoke-Free Workplace: Maryland
This Smoke-Free Workplace policy applies to employees in Maryland under Maryland's Clean Indoor Air Act (Md. Code, Health-General §§ 24-501 through 24-510) and related Maryland Department of Health regulations, and it helps your organization set clear, consistent rules that protect employees and visitors from secondhand smoke.
The History Behind Smoke-Free Workplace Policies in Maryland
This Smoke-Free Workplace policy falls under Drugs & Alcohol in the Workplace because smoke and vapor are workplace exposures, not just personal habits. Maryland started treating secondhand smoke as a public health and workplace safety issue long before "vaping" was a thing. As the science around secondhand smoke got harder to ignore, lawmakers moved from "be considerate" messaging to clear rules about where smoking could and couldn't happen indoors.
That shift shows up in Maryland's Clean Indoor Air Act (Health-General, Title 24, Subtitle 5), which set statewide limits on smoking in enclosed indoor areas open to the public and in many workplaces, and backed them with enforcement tools and penalties. The law's structure is practical: define what counts as smoking, spell out which indoor areas are covered, require compliance steps like signage, and give state and local authorities a way to investigate complaints and issue citations. For employers, Maryland didn't leave smoke-free spaces up to office-by-office preferences; it made indoor smoke a compliance problem.
Then E-cigarettes and other electronic smoking devices arrived, and the old "smoking" definitions got outdated fast. Maryland's approach has followed the same basic logic as the original law: if it creates indoor exposure, it belongs outside. That's why modern smoke-free workplace policies usually cover vaping and cannabis devices too, and why details like keeping smoke away from doors, windows, and air intakes show up in employer rules even when the statute reads more broadly.
Which Law is the Smoke-Free Workplace Policy Meant to Comply With?
If you create and distribute a Smoke-Free Workplace Policy for your Maryland-based employees, it is in an effort to comply with Maryland's Clean Indoor Air Act (Health General Article, Title 24, Subtitle 5, § 24-501), § 24-502, § 24-503, § 24-504, § 24-505, § 24-506, § 24-507, § 24-508, § 24-509, and § 24-510, plus related Maryland Department of Health regulations in COMAR (see COMAR Title 10, Subtitle 19, Chapter 04).
How to Write a Maryland-Specific Smoke-Free Workplace Policy
- Start with "why" and introduce the concept.
- Ban smoking, vaping, and electronic smoking devices in indoor workplaces and other enclosed work areas, including buildings and vehicles.
- State that the rule applies to everyone on your organization's property.
- Limit smoking and vaping to legally permitted outdoor areas.
- Prohibit smoking near building openings and air intake vents.
- Encourage employees to speak up or report violations without retaliation.
- Explain that violations may result in 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 local policy on this and be fine, as long as they comply behind the scenes when it applies, and especially if they have a general smoke-free policy for all employees. 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.
Other Considerations
The law applies to Maryland employers who have at least 1 employee in the US.
Exceptions
None.
Model Policy Template for a Smoke-Free Workplace Policy
Smoke-Free Workplace
To support a healthy and safe environment, we maintain a smoke-free workplace.
Smoking, vaping, and the use of electronic smoking devices, including those delivering nicotine, cannabis, or other substances not approved by the FDA for therapeutic use, are not allowed inside indoor workplaces, company buildings, company vehicles, or any other enclosed areas where work is performed. This includes offices, restrooms, break rooms, and any enclosed area at a company worksite, regardless of whether customers are present. This policy applies to everyone on {{Organization Name}} property, including employees, customers, contractors, and visitors.
If you wish to smoke or vape, you must do so only in outdoor areas where it is legally permitted. Smoking is not allowed within 10 feet of entrances, exits, windows that open, or air intake vents.
If you notice someone smoking or vaping in a space where it isn’t allowed, you can speak up or report the concern to your {{manager}} or {{the HR Team}} without fear of retaliation.
Employees who don’t follow this policy may face disciplinary action, up to and including termination.
Let’s work together to keep our workplace healthy and enjoyable for everyone!
Other Jurisdictions that may Necessitate a Smoke-Free Workplace Policy
US Federal Smoke-Free Workplace Policy
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The information provided here does not, and is not intended to, constitute legal advice. Only your own attorney can determine whether this information, and your interpretation of it, applies to your particular situation. You should contact legal counsel for advice on any specific legal matter.