Smoke-Free Nebraska

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Tobacco Free Nebraska
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What you need to know

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Smoking today is no longer limited to just cigarettes. All secondhand exposure to cigarettes, e-cigarettes and vaping devices can be harmful to your health. 

With the implementation of the 2008 Nebraska Clean Indoor Air Act, Nebraska made tremendous progress in reducing exposure to secondhand smoke within the state. Continuing to reduce exposure to secondhand smoke and aerosol is vital to improving public health.

On this site,​ you will find information and resources related to the Nebraska Clean Indoor Air Act and smoke-free housing. Resources to assist housing managers in smoke and aerosol-free policy implementation can be found on the Smoke-Free Housing Order Form.

Interested in quitting tobacco? The Nebraska Tobacco Quitline can help. Additional information on the dangers of e-cigarettes for youth is available on the E-Cigarettes and Vaping webpage. 

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Secondhand Smoke

Secondhand smoke is a mix of the smoke created by the burning ends of cigarettes, cigars and pipes and the smoke exhaled by someone who is smoking.

In 2010, the U.S. Surgeon General issued the report: How Tobacco Smoke Causes Disease. The report concluded "There is no safe level of exposure to tobacco smoke. Any exposure to tobacco smoke – even an occasional cigarette or exposure to secondhand smoke – is harmful."

Secondhand smoke contains more than 7,000 chemicals and chemical compounds. At least 70 of them are known specifically to cause cancer. In 2006, the Surgeon General found that secondhand smoke is a proven cause of lung cancer, heart disease, serious respiratory illnesses such as bronchitis and asthma, low birth weight and sudden infant death syndrome. The Surgeon General also found that secondhand smoke is responsible for tens of thousands of deaths in the United States each year.

Only smoke-free air laws provide effective protection from secondhand smoke.

Additional Resources

Secondhand Aerosol

The use of e-cigarettes and vaping devices is on the rise. In 2016, the Surgeon General issued the report, E-Cigarette Use Among Youth and Young Adults, and concluded that e-cigarette aerosol is not a harmless water vapor that is emitted but rather can contain harmful chemicals. Most aerosol is a mixture of nicotine, tiny particles of metal1 and chemicals known to cause cancer, birth defects or other reproductive harm.2 Much like cigarette smoke, e-cigarette aerosol produces ultrafine particles, which settle deeply into the lungs when inhaled by people using it or near it.3

Secondhand e-cigarette aerosol can contain harmful chemicals including:3​

  • Nicotine
  • Fine and ultrafine particles that can be inhaled deep into the lungs
  • Flavorings such as diacetyl, a chemical linked to a serious lung disease
  • Volatile organic compounds such as benzene, which is found in car exhaust
  • Heavy metals, such as nickel, tin and lead

The Surgeon General states that while e-cigarettes generally emit fewer toxic chemicals than e-cigarettes, e-cigarette aerosol potentially exposes bystanders to nicotine and other harmful substances.


Additional Resources


Smoke and Aerosol-Free Housing

There are many benefits to implementing smoke and aerosol-free housing policies:

1. Clean air policies can save money. Tobacco smoke causes a tremendous amount of damage to the inside of an apartment. The cost of rehabilitating a smoke-free unit can be up to seven times less than that of a smoking unit.

2. Smoke and aerosol-free policies protect the health of tenants and employees.

3. Renters prefer clean-air housing.

4. Smoke-free policies reduce the risk of smoking-related fires.

Additional Resources: 

Free Printable Brochure: Smoke-Free Policies for Multi-Unit Housing​

Free Printable Fact Sheets:

Smoke-Free Housing Decals or Stickers and Smoke-Free Housing Door Hangers - to order either of these, send an email to dhhs.smokefree@nebraska.gov.​

Order form for Smoke-Free Housing Promotion: Smoke-Free Housing Order Form​ 

​Smoke-Free Housing Policies: 

Smoke-Free Multi-Unit Housing Policies in Ne​braska report - 2021

Smoke-Free Public Housing Policies in Nebraska report - 2016

Smoke-Free Public Housing Policies in Nebraska report - 2011

Smoke-Free Multi-Unit Housing Policies in Nebraska report - 2011

U.S. Housing & Urban Development (HUD) Publication: Change is in the Air - An Action Guide for Establishing Smoke-Free Public Housing and Multifamily Properties

U.S. Housing & Urban Development (HUD) Smoke-Free Housing Notice

Nebraska Clean Indoor Air Act

The Nebraska Clean Indoor Air Act of 2008 required indoor workplaces in Nebraska to be smoke-free as of June 1, 2009. The law was expanded to include electronic smoking devices which went into effect on November 14, 2020.

The purpose of the act is to protect the public health and welfare by prohibiting smoking in public places and places of employment.

The act eliminates smoking and the use of electronic smoking devices in enclosed indoor workspaces including restaurants, bars, keno establishments, other workplaces (retail/office space, manufacturing, etc.) and indoor public places.

Options for Filing a Complaint


Penalties

A person who smokes or uses an electronic smoking device in a place of employment or a public place in violation of the Nebraska Clean Indoor Air Act is guilty of a Class V misdemeanor for the first offense and a Class IV misdemeanor for the second and any​​​​ subsequent offenses.

A proprietor who fails, neglects, or refuses to perform a duty under the Nebraska Clean Indoor Air Act is guilty of a Class V misdemeanor for the first offense and a Class IV misdemeanor for the second and any subsequent offenses. 

Tobacco Retail Outlet Employee Waiver

Beginning November 1, 2015, Statute 71-5735 requires the owner of a tobacco retail outlet to provide to the Division of Public Health a copy of a waiver signed prior to employment by each employee on a form prescribed by the division. The waiver shall expressly notify the employee that he or she will be exposed to secondhand smoke, and the employee shall acknowledge that he or she understands the risks of exposure to secondhand smoke.

Tobacco R​etail Outlet Employee Waiver​