FAQs About the Smoke-Free Workplace Laws

The Smoke-Free Workplace Law, M.G.L. Ch. 270, §22, mandates that enclosed workplaces with one or more employees must be smoke-free. The state law's intent is to protect workers in enclosed workplaces from secondhand smoke exposure. The full text of the law and additional information (including DPH Regulation 105.CMR 6610) are available online.

Caution: The sale of alcoholic beverages to the general public by a private membership association holding a club-type of alcoholic beverages license violates the terms and conditions of that club-type license and can result in suspension or revocation of that license by the local licensing authorities or the Massachusetts Alcoholic Beverages Control Commission.
  1. Can a restaurant or a bar have smoking on an outdoor patio or deck?
  2. What if the outdoor space has a ceiling?
  3. What if the outdoor space has walls and no ceiling?
  4. Are there any additional conditions I need to meet before constructing or renovating an outdoor space for smoking?
  5. Is this the only law regarding smoking?
  6. When is a membership association considered open to the public and required to be smoke-free?
  7. When may smoking be permitted at private clubs or membership associations?
  8. Can full members of the membership association smoke while the facility is open to the public?
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