§5–608.

    (a)    Except as provided in § 24–505 of the Health – General Article, an individual may not smoke in an indoor place of employment.

    (b)    (1)    The Department shall adopt regulations that prohibit environmental tobacco smoke, as defined in § 24–501 of the Health – General Article, in indoor places of employment not normally open to the general public.

        (2)    Subject to subsection (c) of this section, a person who violates a regulation adopted under this subtitle:

            (i)    for a first violation, shall be issued a written reprimand by the Commissioner or the Commissioner’s designee;

            (ii)    for a second violation, is subject to a civil penalty of $100; and

            (iii)    for each subsequent violation, is subject to a civil penalty not less than $250.

    (c)    The Commissioner may waive a penalty established under subsection (b) of this section, giving consideration to factors that include:

        (1)    the seriousness of the violation; and

        (2)    any demonstrated good faith measures to comply with the provisions of this subtitle.

    (d)    A penalty collected by the Commissioner under this section shall be paid to the Cigarette Restitution Fund established under § 7–317 of the State Finance and Procurement Article.

    (e)    An employer who discharges or discriminates against an employee because that employee has made a complaint under this section, has given information to the Department in accordance with this section, has caused to be instituted or is about to cause to be instituted a proceeding under this section, or has testified or is about to testify in a proceeding, shall be deemed in violation of this section and shall be subject to a civil penalty of at least $2,000 but not more than $10,000 for each violation.

    (f)    (1)    An employee may not:

            (i)    make a groundless or malicious complaint to the Commissioner or an authorized representative of the Commissioner;

            (ii)    in bad faith, bring an action under this subtitle; or

            (iii)    in bad faith, testify in an action under this subtitle or a proceeding that relates to the subject of this subtitle.

        (2)    The Commissioner may bring an action for injunctive relief and damages against a person who violates the provisions of paragraph (1) of this subsection.