As first mentioned in our September 24, 2007 Update, the Smoke Free Illinois Act, became effective January 1, 2008. The Act prohibits smoking in places of employment and provides that no person is permitted to smoke within 15 feet of any entrance to a place of employment. Further, the Act requires employers to post “No Smoking” signs or the international “No Smoking” symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it in clearly conspicuous places. Each place of employment must post at every entrance a conspicuous sign clearly stating that smoking is prohibited.

An individual who smokes in an area where smoking is prohibited is subject to fine in an amount not less than $100 and not more than $250. Employers shall be fined (1) not less than $250 for the first violation, (2) not less than $500 for the second violation within one year after the first violation, and (3) not less than $2,500 for each additional violation within one year after the first violation.