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How to Prohibit Smoking in Places Operated by Volunteers

Interpreting the California smokefree workplace law

Legal Memo
Tobacco Prevention

The state smokefree workplace law (California Labor Code section 6404.5) applies only to an enclosed place of employment.

Some have questioned whether the law applies to places where only volunteers are working, if no employees are present. For example, is smoking allowed at a private club when the workers are volunteers or at a church fund-raiser run by volunteers?

This legal memo includes a policy solution to define and address volunteer staff.