Smoking in the Workplace
Smoking in the workplace is a controversial issue. Most employers have a policy or rule about smoking that prohibits smoking in the workplace or limits it to certain designated areas. There are few employers left who allow unrestricted smoking in the workplace, and with good reason:
- Laws in some states require a written policy or certain practice to be followed. Check to see if your state has a law that requires you to have a policy.
- The majority of employees seem to be in favor of smoking restrictions.
- Smoking is a health hazard. Smoking-related illnesses endanger the smoker directly and the nonsmoker indirectly. Some employees have allergies to smoke and their needs must be accommodated, if the ADA or similar state laws apply to you.
- Employees are suing. One of the rationales is simply that the right of an individual to risk his or her own health does not include the right to jeopardize the health of those who must remain in the area of the smoker in order to perform their jobs properly.
- Nonsmoking employees are suing not only to restrict smoking, but are suing for disability, workers' compensation, and unemployment compensation.
- Employees who smoke account for higher insurance premiums, increased medical payments, and higher absenteeism rates.
In handling the issue of smoking in the workplace, take the following steps:
- Determine if your state's laws require you to have a smoking policy.
- Determine if you can refuse to hire or retain employees who smoke.
- If you are required to or want to have a policy limiting smoking in the workplace, determine if you will:
- Formulate your policy, and communicate or post it if required.
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Disclaimer: The material on this site is designed to provide accurate and authoritative information in regard to the subject matter covered. It is distributed with the understanding that the publisher is not engaged in rendering legal, accounting or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. Full Disclaimer |
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