3. Policy; notice. Each employer shall establish, or may negotiate through the collective bargaining process, a written policy concerning smoking and nonsmoking by employees in that portion of any business facility for which he the employer is responsible. In order to protect the employer and employees from the detrimental effects of smoking by others, the policy shall must prohibit smoking except in designated smoking areas. The policy may prohibit smoking throughout the business facility. The employer shall post and supervise the implementation of the policy. The employer shall provide a copy of this policy to any employee upon request. Nothing in this section may affect the right of any employer to establish policies concerning smoking and nonsmoking by members of the public who have access to the business facility. Nothing in this section may be construed to subject an employer to any additional liability, other than liability which that may exist by law, for harm to an employee from smoking by others in any business facility covered by this section.

All enclosed areas of a business facility into which members of the public are invited or allowed are governed by the provisions of chapter 262.

The Bureau of Health shall accept inquiries from employers and employees and shall, when requested, assist employers in developing a policy.

4. Violations. Failure to establish, post or supervise the implementation of a policy Any violation of this section is a civil violation for which a fine of not more than $100 may be adjudged, except that a fine of not more than $1,500 may be adjudged for each violation of this section in cases in which the employer has engaged in a pattern of conduct that demonstrates a lack of good faith in complying with the requirements of this section. The Bureau of Health shall have has authority to enforce provisions of this section.

Sec. 5. 22 MRSA §1580-A, sub-§4-A is enacted to read:

4-A.__Injunctive relief.__The Attorney General may bring an action to enforce this section in District Court or Superior Court and may seek injunctive relief, including a preliminary or final injunction and fines, penalties and equitable relief, and may seek to prevent or restrain violations of this section by any person.