Human Resource Blog

Smoking Laws

What is the law in regards to where a person can/cannot smoke and how do we enforce them?

The law varies by state. There is no federal law that prohibits smoking in the workplace. About 21 states have laws that limit smoking in the workplace, to protect workers from second-hand smoke. Each law varies depending upon the state. For example, in Illinois since January 2008 it is illegal to smoke in any workplace. It is also illegal to smoke outside, within 15 feet of any door, window or vent. Some states have laws that eliminate smoking in most workplaces, but permit it in restaurants, bars and/or casinos.

Even in states without a non-smoking law, the employer can choose to make the workplace smoke-free, or to limit smoking to certain prescribed areas. Enforcement is very simple. You simply write up any employee who is in possession of lit smoking materials outside of the prescribed area. After the third write-up, the employee is terminated. I promise that after terminating one employee for smoking in a forbidden area, you will not have problems with other employees doing the same.

For a more specific answer, post a question mentioning your state.