Following the U.S. Environmental Protection Agency's classification of Environmental Tobacco Smoke (ETS) as a Group A carcinogen in 1992, California passed legislation in 1994 (Assembly Bill 131) prohibiting most employers from exposing nonsmoking workers to ETS. As a result of this legislation, workplace smoking restrictions were added to the California Labor Code.² This statute prohibits any employer from knowingly or intentionally permitting the smoking of tobacco products in enclosed places of employment.

Prohibition of smoking at the workplace does not apply to breakrooms designated by employers for smoking, under specified conditions. There are additional exemptions to specific workplaces that are not related to the subject matter in this article.