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Freedom to Breathe General Information — Page 2 <br />• Patients in a locked psychiatric unit in a <br />separated well - ventilated area, as approved <br />by the treating physician <br />• Tobacco product shops - when customers <br />are sampling tobacco products <br />• Approved scientific study participants <br />• Traditional Native American ceremonies <br />• Theatrical productions, that is, actors and <br />actresses who are smoking as part of the <br />theatrical performance <br />• Disabled Veterans Rest Camp in <br />Washington County <br />Responsibilities of proprietors <br />Employers and facility managers continue to play <br />an important role in controlling smoking in their <br />place of business. In general, they are required to: <br />• Make reasonable efforts to prevent indoor <br />smoking <br />• Post "No Smoking" signs <br />• Ask persons who smoke in prohibited areas <br />to refrain from smoking and to leave if they <br />refuse to do so <br />• Use lawful methods consistent with <br />handling disorderly persons or trespassers <br />for any person who refuses to comply after <br />being asked to leave the premises <br />• Refrain from providing ashtrays and other <br />smoking equipment <br />• Refuse to serve noncompliant persons <br />Outdoor smoking <br />The MCIAA does not prohibit outdoor smoking, <br />regardless of distance from building openings such <br />as doors and windows. <br />Compliance and Enforcement <br />MDH has compliance authority over the MCIAA <br />and may delegate compliance activities to local <br />units of government. MDH, a local board of health <br />or any affected person can request a court order <br />directing a repeat MCIAA violator to stop. <br />In addition to the compliance authority provided to <br />MDH and local units of government, local law <br />enforcement has the authority to issue petty <br />misdemeanor citations to proprietors or individuals <br />who knowingly fail to comply with the MCIAA. <br />Local government ordinances <br />Local governments retain the authority to adopt and <br />enforce more stringent measures to protect <br />individuals from secondhand smoke. <br />Retaliation prohibited <br />An employer, manager or other person in charge <br />cannot fire, refuse to hire, penalize, discriminate or <br />retaliate against an employee, applicant, or <br />customer who exercises any right to a smoke -free <br />environment provided under the MCIAA. <br />For more information <br />Contact the Minnesota Department of Health to <br />receive a copy of the MCIAA, or to receive <br />additional educational materials please visit the <br />MDH website at: <br />htlp://www.health.state.mn.us/freedomtobreathe <br />Citation <br />U.S. Department of Health and Human Services. <br />The Health Consequences of Involuntary Exposure <br />to Tobacco Smoke: A Report of the Surgeon <br />General. Atlanta, Georgia: U.S. Department of <br />Health and Human Services, Centers for Disease <br />Control and Prevention, Coordinating Center for <br />Health Promotion, National Center for Chronic <br />Disease Prevention and Health Promotion, Office <br />on Smoking and Health, 2006. Available from: <br />htlp://www.surgeongeneral.gov/library /secondhands <br />moke /report <br />April 2012 <br />