On October 23, 2017, New York Governor Andrew Cuomo extended the Clean Indoor Air Act to prohibit vaping, the use of electronic cigarettes, in most indoor public places. The New York vaping ban covers the same places as the state’s restrictions on public smoking of traditional cigarettes. This includes bars, restaurants, and workplaces, among others.

The new restrictions take effect right before Thanksgiving, on November 22, 2017.

What Is “Vaping”?

The law defines “vaping” simply as “the use of an electronic cigarette.”

An electronic cigarette, or e-cigarette, is “an electronic device that delivers vapor which is inhaled by an individual user, and shall include any refill, cartridge and any other component of such a device.”

No Vaping in These Places

The bill amends existing laws prohibiting smoking to also prohibit vaping in these indoor places:

• Places of employment
• Bars
• Restaurants
• Indoor swimming pools
• Public transportation
• Youth detention facilities
• Child care centers
• Group homes for children
• Public institutions for children
• Residential treatment facilities for children
• Public and private colleges, universities, and other educational and vocational institutions, including dormitories
• Hospitals and residential health care facilities
• Commercial establishments
• Indoor arenas
• Zoos
• Bingo facilities

The ban also covers some outdoor areas, such as near entrances/exits to schools and on public playgrounds.

Excluded Public Places

The law specifically allows that smoking and vaping can occur in these places:

• Private homes, residences, and automobiles
• Hotel or motel rooms rented to guests
• Retail tobacco businesses and electronic cigarette stores
• Membership associations, with some conditions
• Cigar bars, with some conditions
• Outdoor dining areas of restaurants with no roof or other ceiling enclosure, with some conditions
• Enclosed rooms at places where tobacco products or e-cigarettes are being sampled, with some conditions

Workplace Impact of the New York Vaping Ban

Any employers who have permitted employees to use e-cigarettes indoors must now prohibit the practice in most situations. The law does not prohibit vaping in employees’ personal vehicles while driving to and from work or during the work day.

Employers with written policies regarding smoking at work, should review the policies. If they do not already address electronic cigarettes, revise the policy to avoid any potential confusion.

New York law otherwise protects employees against negative employment actions because of their use of lawful consumable products, which include traditional cigarettes, e-cigarettes, chewing tobacco, and alcohol. But employers can prohibit employees from using these products during work hours, while on company premises, and while using company equipment. For more information on these protections, read New York Law Protects Employees’ Off-Duty Conduct.

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