Human Resource Blog

Smokefree Workplace

If our company goes to being smoke free in the building and premises, by law do we have to provide a smoking area for the employees, either inside or out, that choose to smoke?

No, you absolutely do not have to provide an area where employees can smoke. You can even legally prohibit employees from smoking in their own cars, on company property (such as a parking lot) if you like.

Many states including New York and Illinois have outlawed smoking in virtually all workplaces. In other states, however, any employer (or property owner) is permitted to prohibit smoking on their own property. And, employers can require that employees remain on the property, even during breaks and lunch periods.

In fact, many hospitals have used this tactic for decades. They cannot prohibit employees from smoking at home, but they can prohibit employees from smoking inside or outside at work, whether the employee is on the clock or not.

These policies strongly encourage employees to quit smoking. To be fair, the best practice in Human Resources is to offer employees some support in their efforts to quit, such as information on the nicotine patch, pamphlets, and maybe even a support group.