Human Resource Blog

Elimination of Smoking even outside employer premisis

We recently had our entire hotel become a smoke free workplace. We did, however, have a small designated spot outside our warehouse arranged to accommodate our smoking staff. Recently, management has decided to declare a complete smoking ban on its outside property too thus eliminating staff smoking completely. What is my right as the employer to do this? We are a New York State employer.

Any workplace in New York and most other states can become smoke free. There is no inalienable right to smoke (or use)  tobacco at work under the constitution.

 

The employers premises includes the entire property owned, rented or controlled by the employer, inside and outside – even a remote warehouse or cars in the employee parking lot. The employer has the right to prohibit smoking on this entire property.

 

The New York employer also has the right to prohibit employees from leaving company property while on meal or rest breaks.

 

The New York smoking ban prohibits smoking in the workplace, which by law forces smokers outside. Many employers find that regular smoke breaks reduce productivity – so they eliminate them. The law requires that the workplace be smoke free. It does not require that employers provide an alternate time or place for employees to smoke.

 

In most cases, an employer cannot force an employee to quit smoking. But they can make it impossible to smoke during the work day. The thought process is that if the employee stops smoking for 8 or more hours each day, that will encourage the employee to quit permanently. Hospitals have been doing this for decades, as  a way to encourage employees to quit smoking.