§ 4-312. Secondhand smoke claims.
No benefits under this Act shall be payable to or on behalf of any worker injured or killed as a result of exposure to or injury by secondhand smoke unless and until the claimant demonstrates by a preponderance of the evidence the following:
A. The worker has worked for the employer for the ten (10) years prior to the filing of the claim for benefits under this Act;
B. The worker’s workplace during the ten (10) year period referenced in subsection (A) of this section involved exposure to secondhand smoke;
C. The worker has not smoked cigarettes, cigars, or other tobacco products, except on an infrequent basis where the worker can show, by reliable medical evidence, that such infrequent use of tobacco products was not a substantial cause of the worker’s injury or occupational disease; and
D. The worker has not shared a residence or previously worked in an area where family members, in the case of the residence, or fellow workers, in the case of prior employment, smoked in the home or workplace. ONCA 12-76, eff. Oct. 1, 2012.