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How to File a Complaint for Violations of the Smoke Free Workplace Act

A complaint that reports an alleged violation must be investigated unless the report is determined to be frivolous, not made in good faith, or too old to be reasonably investigated.

Information to Provide

When reporting a violation, please provide detailed information to assist the investigator. If it is a large facility or has multiple rooms or buildings, specify where the violation occurred. Provide information that does not pinpoint you as the complainant, as the details of the complaint will be available during the investigation.

The report of violation shall contain at least the following information:

  1. Nature of the violation including the date and approximate time

  2. Name of the business or individual alleged to be in violation

  3. Complete address

  4. County in which the business or individual is located     

Options for you to report a violation:

What Happens Next?

The complaint report is sent to the designated local health department, or assigned to state health department staff for investigation. A Notice of Report will be sent to the subject of the complaint, informing them that an investigation is underway.

The investigating agency will print out a Notice of Report, which is a letter explaining that a report of an alleged violation was received, and that it will be investigated. The Notice of Report and a copy of the complaint details are sent to the subject by mail or hand delivery, followed by the investigation. If a violation is found, a violation letter is sent; if no violation is found, the investigation is dismissed. After an investigation is completed and closed, there will not be another investigation until another complaint is received. If violations continue, continue to report them so they can be investigated. 

See our Frequently Asked Questions (FAQ) for further information