Section 144-250-2 - DefinitionsAs used in this section, unless the context indicates otherwise, the following terms and phrases have the following meanings.
A. "Business facility" means a structurally enclosed location or portion thereof, including vehicles used in the course of work and outdoor areas under the control of an employer at which employees perform services for their employer. A business facility does not include any workplace or portion of a workplace that also serves as the employees' or employer's personal residence. A "business facility" is a place of employment. Notwithstanding this paragraph, a personal residence or unit or apartment in a residential facility is a business facility only during the period of time that an employee is physically present to perform work there. A residential facility, nursing home or a hospital is a business facility.B. "Club" means a reputable group of individuals, including a veterans' service organization chartered under 36 United States Code, Subtitle II, Part B (2004), incorporated and operating in a bona fide manner solely for purposes of a recreational, social, patriotic or fraternal nature and not for pecuniary gain, which by indicia of permanent status has: 1) Been in continuous operation and existence;2) Regularly occupied, as owner or lessee, a suitable clubhouse or facility for use of members;3) Held regular meetings;4) Conducted its business through regularly elected officers;5) Charged and collected dues from members;6) Adopted a charter and bylaws clearly defining the purpose of the organization; and7) Operated with selective membership criteria.C. "Common Area" a portion of a business facility into which employees, business and social invitees and members of clubs or the public have access, including but not limited to break rooms, cafeterias, conference or assembly rooms, enclosed patios, entryways, reception areas, hallways, kitchens, restrooms, vehicles and storage closets.D. "Designated Smoking Area". means an outdoor area where smoking is permitted, which must be at least 20 feet from windows, entryways, vents, doorways or other openings and must be designed to prevent smoke escaping from the designated smoking area into an enclosed area of a workplace or public place or other areas where smoking is prohibited. Note: See Section 3(C)(1) for information on permitted outdoor smoking areas.
E. "Employee" means a person who performs a service for wages or other remuneration under a contract of hire, written or oral, expressed or implied. Employee includes a person employed by the State or a political subdivision of the State.F. "Employer" means a person who has one or more employees. Employer includes an agent of an employer and the State or a political subdivision of the State.G. "Enclosed area" means a space between a floor and a ceiling that is demarcated on all sides by walls, windows, shutters, doors or passageways. A partition or partial wall is a demarcation of an enclosed area if it extends from the floor to within 4 feet of the ceiling or from the ceiling to within 4 feet of the floor.H. "Environmental tobacco smoke" is tobacco smoke given off by the burning end of a cigarette, pipe, or cigar, a mixture of smoke from a combination of these sources, and smoke that is exhaled by a smoker.I. "Invited guest" means an individual who is 1) a relative or established acquaintance of a member of a club and who is continuously accompanied by the member; or 2) a relative, established acquaintance, or friend or relative of an established acquaintance of the host of a private function.J. "Member" means a person who, whether as a charter member or admitted in accordance with applicable bylaws, is a bona fide member of a club and who maintains membership in good standing by payment of dues in a bona fide manner in accordance with bylaws and whose name and address are entered on the list of members. A person who does not have full membership privileges may not be considered a bona fide member.K. "Not open to the public" means open only to: 1) employees; 2) invited guests of private functions, e.g., wedding receptions; and 3) members or invited guests of members, accompanied by a member, of a club. Note: A club holding a public function is considered to be open to the public.L. "Places of employment" means any area or portion of an area where people work including, but not limited to, correctional facilities, storage rooms in restaurants: and vehicles used in the course of work.M. "Protect the employer and employees from the detrimental effects of smoking by others" means to prevent the involuntary exposure to environmental tobacco smoke of employees and employers within the business facility from any source except in a Designated Smoking Area.N. "Qualifying club" means a veterans' service organization chartered under 36 United States Code, Subtitle II, Part B (2004) that is not open to the public or to any other club that was not open to the public and that was in operation prior to January 1, 2004.O. "Residential facility" means a facility with one or more residential units or apartments that is licensed by the Department of Health and Human Services.P. "Smoking" means carrying or having in one's possession a lighted cigarette, cigar, pipe or other object giving off or containing any substance giving off tobacco smoke.Q. "Ventilation" means a process of supplying and removing air by mechanical means.R. "Written policy" means a written statement in which the employer states how the employees and employer will be protected from involuntary exposure to environmental tobacco smoke within the business facility from any source and specifically describes the location of any permitted Designated Smoking Area(s) and outdoor areas designated for smoking.10-144 C.M.R. ch. 250, § 2