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Can you summarize 19 DEAC 1321?
Office of Labor Law Enforcement > Clean Indoor Air Act Regulations
Short Summary
The Clean Indoor Air Act Regulations, under Title 19 Labor 1320, is a proposed regulation for public consideration. It aims to protect nonsmokers from involuntary exposure to environmental tobacco smoke in indoor public places and indoor places of employment. The Department of Labor is responsible for enforcing this Act, and it has the authority to impose administrative penalties of $100 for the first offense and not less than $250 for subsequent violations. The Act restricts smoking in any indoor workplace that is not exempt by statute, regulation, or waiver. The Department may propose regulations to acknowledge additional workplace exemptions, and it currently proposes to recognize ‘Private Clubs’ as exempt from enforcement under the Act. To be considered a private club, the establishment must adhere to specific criteria, such as having a mechanism to screen applicants for membership and limiting access to members and their guests. The Department’s enforcement process involves investigating written complaints, conducting inspections, and issuing citations for non-compliance. The citation may include administrative penalties. The person named in the citation has the right to appeal the penalty within thirty days. The regulations also include a severability clause, stating that if any provision is held invalid, the remainder of the regulations will remain in full force and effect.
Whom does it apply to?
Employers, employees, places of employment and the workplace
What does it govern?
Clean Indoor Air Act Regulations
What are exemptions?
Private Clubs
What are the Penalties?
$100 for the first offense, not less than $250 for subsequent violations
Jurisdiction
Delaware