Most states have laws that limit or prohibit smoking in the workplace. Even in the absence of law, employers often institute a policy or rule about smoking that prohibits smoking in the workplace or limits it to certain areas.
Smoking in the workplace is addressed by state laws in the majority of states. State laws often restrict or prohibit smoking in places of employment. In addition, many employers have a policy or rule about smoking that prohibits smoking in the workplace or limits it to certain designated areas.
Currently, even where permitted, employers rarely allow unrestricted smoking in the workplace, and with good reason:
To properly handle the issue of smoking in the workplace, take the following steps:
Most states have laws that address smoking in the workplace. Consult our state map for information regarding workplace smoking laws in your state and which employers are covered by them.
If you are permitted to do so by state law, you may want to provide a designated smoking area to those employees who smoke.
If smoking is permitted in a designated area, be sure that employees know how often they can go to the smoking area for a smoke break. Some employers have problems because employees who smoke take frequent breaks, apart from regular breaks, to smoke. That can cause friction between smoking and nonsmoking employees and can even present some problems in terms of the federal wage and hour Fair Labor Standards Act if employees are paid by the hour.
The Environmental Protection Agency recommends that employers either restrict smoking in buildings to separately ventilated areas directly exhausted to the outside or ban smoking entirely in order to protect nonsmokers from environmental tobacco smoke.
In states where smoking in designated areas in the workplace is permitted, it may be required that you clearly identify the nonsmoking and smoking areas of a workplace with signs. In some states, the sign must include the internationally recognized no smoking symbol (a red circle containing a depiction of a lit cigarette with a line drawn diagonally through the entire circle).
In addition, some states require specific wording for smoking or no smoking and, in some cases, a fine for violating the nonsmoking zone. In addition, some states require you to post their smoking policies in conspicuous areas around the workplace.
If you believe that smoking will result in more absenteeism or in higher benefit costs, you may not want to hire or keep employees who smoke.
A growing number of states, however, have enacted smoker's rights laws that prohibit discrimination against employees and job applicants who smoke away from their employer's premises during nonwork hours. The laws usually take the form of rules that prohibit discrimination against employees for use of legal substances on their own time — including tobacco products — or for engaging in lawful activities.
Even though you may end up paying higher health insurance or life insurance premiums, you cannot discriminate against these employees in states where this type of discrimination is prevented. One action you can take, however, is to encourage employees who smoke to quit by offering a bonus to those who quit, or by paying for stop-smoking programs.
Be sure to consider if your state's anti-discrimination laws protect employees from discrimination based on lawful activities outside of work.
If your state law requires you to have a written policy on smoking, you'll need to create one. Because smoking can be a controversial subject, give your policy development the serious attention it deserves.
Our Business Tools include a smoking policy that you can customize for use and post in your business.
The following are a few suggestions for you to consider when you draft your policy:
Smoking in the workplace rules can allow you to restrict your customers from smoking. In some states, businesses such as restaurants must have nonsmoking areas or must prohibit smoking altogether. If you create your policy so that smoking is prohibited in certain areas on your premises or is completely banned, post your policy so that any visitors to your premises will see it and can comply.
Properly posting your smoking policy is important. There are several places where you can post your written policy, but make sure they comply with your state's requirements: