Senate Bill No. 113
(By Senator Weeks)
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[Introduced February 9, 2005; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §21-3-19a, relating
to requiring employers to provide employees and others a
sheltered place outside the work premises building to smoke
when smoking is prohibited entirely in the building.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §21-3-19a, to read as
follows:
ARTICLE 3. SAFETY AND WELFARE OF EMPLOYEES.
§21-3-19a. Requirement for shelter when employees smoke.
Every employer who prohibits smoking in any building where
employees work, shall provide a sheltered area in close proximity
to, at least, one routinely used point of ingress and egress of the
building where employees or others will be permitted to smoke tobacco products. The sheltered area shall, at a minimum, be well
ventilated, have a roof and walls, and in the winter months, be
equipped with a safe and adequate source of heat.
NOTE: The purpose of this bill is to require employers to
provide employees and others a sheltered place outside the work
premises to smoke when smoking is prohibited entirely in the
building.
This section is new; therefore, strike-throughs and
underscoring have been omitted.