An employee who is defined as disabled under the ADA may require the employer to provide reasonable accommodation. In the event that tobacco smoke is used, the employee may request a smoke-free workplace. If the employer can prove that the smoking ban causes “undue hardship”, they may not have to accommodate the non-smoker. There is no federal law regulating smoking in the workplace, so smoking regulations vary widely from state to state. Some states prohibit indoor smoking in the workplace. Some states prohibit smoking in the workplace, but allow employers to designate a smoking area. Other states completely ban smoking in the workplace. And some states do NOT have laws restricting smoking in the workplace. With regard to smoking outside the workplace, some states only allow smoking in certain establishments such as bars, and other states allow smoking everywhere except in certain places, such as hospitals and restaurants.
Second-hand smoke causes lung cancer, heart disease and stroke in non-smokers. In babies and children, it causes sudden infant death syndrome (SIDS), low birth weight, respiratory and ear infections, and more severe asthma attacks. Yes, in most cases. As health insurance costs have risen dramatically in recent years, especially for smokers, many employers have started charging smokers higher premiums. Employers hope that higher premiums for smokers will encourage them to quit, save money and have future health problems. The Patient Protection and Affordable Care Act (ACA), which eliminates discrimination for many health conditions, still allows employers and insurers to increase premiums for smokers while reducing premiums for non-smokers. Even state laws that protect smokers from being fired for smoking include exemptions that allow employers to charge smokers higher insurance premiums. Even though state laws regulate smoking in the workplace, exceptions may apply to: Smoking in the workplace is primarily regulated at the state level. Most states regulate smoking in the workplace to some extent. Federal laws have been passed to protect individuals from second-hand smoke on airplanes and federal property, but workplace smoking regulations are left to the discretion of states in exercising their police power. In addition to state laws, local city or county laws may impose stricter regulations on smoking in the workplace.
Even if there is no applicable law, employers may have their own smoking policies in the workplace that completely prohibit smoking or limit it to certain areas, such as a break room or outdoor space. Although these laws have been challenged in court, they are generally upheld. To find out what smoking laws are in your state, visit our state smoking laws page. In the United States, tobacco protection laws are state laws that prevent employers from discriminating against employees for the use of tobacco products. Currently, twenty-nine states and the District of Columbia have such laws. While laws vary from state to state, employers are generally prohibited from refusing to hire or fire an employee for using any type of tobacco products outside of working hours and off the employer`s property. Four states (California, Colorado, New York, and North Carolina) do not have specific laws regarding employee smoking, but smokers are protected by broader state laws that prohibit employers from discriminating against any employee who engages in lawful activity. California also has a law that protects workers who engage in lawful activities, but it has been interpreted by the courts to mean that it does not create substantive new rights, but rather establishes a process for filing a complaint for violating existing labor laws with the state Department of Labor Standards Enforcement. Banning smoking in the workplace may be a controversial topic in some parts of the country, while it is perfectly acceptable in others. It depends on the corporate culture and state laws. If you`d like to learn more about smoking laws in your state, you should talk to a skilled labor attorney in your state. Few states have banned smoking e-cigarettes or vaping devices indoors nationwide.
Those who do not often leave restrictions on electronic devices to smoke leave it to the discretion of localities. In almost every state in the United States, smoking with such devices is prohibited in the workplace. States with nationwide smoking bans include: Some states have passed laws that require the workplace to be smoke-free or give employers the right to declare their workplace smoke-free. Other states have laws that allow employers to designate a specific “smoking area” that is separated from the workplace so that employees can easily avoid exposure to second-hand smoke. However, if your state doesn`t have a law and your employer doesn`t have a policy, you may not be protected if your co-workers smoke. Health authorities have concluded that the only way to protect non-smokers from second-hand smoke is to require completely smoke-free workplaces and public places.