Human Resource Blog

Smoker’s Rights

I’m a long-term smoker who is fed up with anti-smoking laws. I think smoking is my constitutional right, under the “pursuit of happiness.” Is there any actual evidence that smoking in the workplace is hazardous? Is there any state that currently has NO anti-smoking legislation on the books?

I have to applaud your honesty, even if you are in the minority in your point of view. While few people would dispute your right to smoke in privacy, many will claim that you don’t have the right to expose others to second-hand smoke.

There are a number of studies that show the hazards of second-hand smoke. In one study, workers who were exposed to second-hand smoke daily had a risk of lung cancer 200% as high as those who worked in a smoke-free environment.

A study in New York found significant improvements in workers’ health after that state implemented non-smoking laws in the workplace. This included a decrease in asthma and allergies, as well as lower rates of cancer and other smoking-related diseases among non-smokers. So, I’m sure you can see why many non-smokers what to avoid exposure to smoke at work.

That said, there are a number of states and a number of industries where you can still smoke at work. Currently, your best chances of being allowed to smoke at work are if you work in a warehouse, factory, bar or casino.  A number of states that forbid smoking in most workplaces still allow it in those areas.

The size of your office is also a factor in smoking bans. Illinois recently passed a strict law that forbids smoking in the workplace. However, even when that law goes into effect on January 1, 2008, it will still be legal to smoke in small, separate offices where everyone in the office is a smoker. This is true, even if non-smokers (employees or members of the public) must occasionally visit the office. A number of states have similar laws.

In your quest to smoke at work, you’ll want to avoid Arizona, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Louisiana, Maine, Massachusetts, Montana, Nevada, New Jersey, New Mexico, New York, North Dakota, Ohio, Rhode Island, South Dakota, Utah, Vermont and Washington. Those states all have strong workplace non-smoking laws.

If you are considering relocation, you might want to look at a small town rather than a large city, because many metro areas are passing their own anti-smoking legislation.

One state that you might consider is North Carolina. Because the state has strong ties to the tobacco industry, it has long been a proponent of smokers rights. There is no state non-smoking law in effect, and the only municipality with a law banning smoking in the workplace is in Montreat, North Carolina. You should be able to light up almost anywhere else in the state, at least for now.