The Clean Indoor Air Act of 2006 does not protect all workers from the dangers of second hand smoke.

Exemptions to the Clean Indoor Air Act (2006):

• Private residences, except when used as a licensed child care, adult daycare, or health care facility
• Hotel and motel rooms that are rented to guests and are designated as smoking rooms
  • If a hotel or motel has more than twenty-five (25) guest rooms, not more than twenty percent (20%) of rooms rented to guests in a hotel or motel may be designated as exempt
• All workplaces of any employer with fewer than three (3) employees
  • This exemption does not apply to any public place
• A retail tobacco store, if secondhand smoke from the store does not infiltrate into areas where smoking is prohibited under this
• Areas within long-term care facilities that are designated by the facility as a smoking area or for supervised patient smoking only
• Outdoor areas of places of employment
• All workplaces of any manufacturer, importer, or wholesaler of tobacco products, of any tobacco leaf dealer or processor, and all tobacco storage facilities
• All restaurants and bars licensed by the State of Arkansas that prohibit at all times all persons less than twenty-one (21)

What is prohibited by the Clean Indoor Air Act (2006)?

• All vehicles and enclosed areas owned, leased, or operated by the State of Arkansas
  • Its agencies and authorities, and
  • Any political subdivision of the state, municipal corporation, or local board or
  • Any authority created by general, local, or special act of the General Assembly or by ordinance or resolution of the governing body of a county or municipal corporation individually or jointly with other political subdivisions or municipalities of the state.
• All public places and enclosed areas within places of employment, including, but not limited to:
  • Common work areas
  • Auditoriums
  • Classrooms
  • Conference and meeting rooms
  • Private offices
  • Elevators
  • Hallways
  • Health care facilities
  • Cafeterias
  • Employee lounges
  • Stairs
  • Restrooms
  • All other enclosed areas

An individual, person, entity, or business subject to the smoking prohibitions of this section shall not discriminate or retaliate in any manner against a person for making a complaint of a violation of this section or furnishing information concerning a violation to a person, entity, or business or to an enforcement authority.