It is enacted by the General Assembly as follows:

SECTION 1. Section 23-20.7-5 of the General Laws in Chapter 23-20.7 entitled "Workplace Smoking Pollution Control Act" is hereby amended to read as follows:

{ADD 23-20.7-5. Regulation of smoking in the workplace. -- ADD} (1) Each employer who operates a workplace in this state shall within three (3) months of adoption of this chapter adopt, implement, and maintain a written smoking policy which will contain, at a minimum, a {DEL plan DEL} {ADD policy ADD} which is designed to protect the health and atmospheric environment of the nonsmoker and to ensure a comfortable environment for all employees, and the requirement that any nonsmoking employee may object to his or her employer about the smoke hazard or discomfort in his or her workplace. Using existing means of ventilation or separation or partition of the work space,

(a) The employer shall attempt to reach a reasonable accommodation, to protect the health and atmospheric environment of the nonsmoking employees and to ensure a comfortable environment for all employees.

{DEL (b) If such an accommodation cannot be made using existing means, the employer shall either completely prohibit smoking in those areas of the workplace where nonsmoking employees may reasonably be expected to be adversely affected by passive cigarette smoke or make any expenditures or structural changes to protect the health and atmospheric environment of nonsmoking employees. These expenditures or structural changes can include, but are not limited to, upgrading ventilation or construction of well-ventilated enclosed smoking areas. DEL}

{ADD (b) The employer shall either make such an accomodation or completely prohibit smoking in those areas of the workplace where nonsmoking employees may reasonably be expected to be adversely affected by passive cigarette smoke. ADD}

(2) The employer's smoking policy shall be announced within three (3) weeks of adoption to all employees working in workplaces in this state and posted conspicuously in all workplaces under the employer's jurisdiction.

(3) The director of the department of health shall promulgate rules and regulations to enforce the provisions of this chapter.

SECTION 2. This act shall take effect upon passage.