Jurisdiction: Federal

Comments from the Author

Smoke-Free Workplace Policy

  • This Smoke-Free Workplace Policy is for employers that prohibit smoking.
  • There is no federal law requiring private employers to ban smoking in the workplace. However, many employers prohibit smoking to protect workers and others from health hazards related to secondhand smoke exposure.
  • Additionally, some states have enacted laws prohibiting smoking in the workplace and requiring employers to implement smoke-free policies.
  • For example, New York and Indiana have laws requiring certain employers to implement smoke-free policies.

Description

Smoke-Free Workplace Policy

Smoke-Free Workplace Policy Preparation Form – We recommend that you gather the information in this form prior to accessing the online questionnaire.  Doing so will help you efficiently create your custom Smoke-Free Workplace Policy (Smoking or No Smoking Policy).

Summary

This policy is for employers that prohibit smoking. There is no federal law requiring private employers to ban smoking in the workplace. However, many employers prohibit smoking to protect workers and others from health hazards related to secondhand smoke exposure. Additionally, some states have enacted laws prohibiting smoking in the workplace and requiring employers to implement smoke-free policies. For example, New York and Indiana have laws requiring certain employers to implement smoke-free policies.

Details

This policy can serve several important functions, including:

  • Defining conduct that is prohibited.
  • Encouraging employees to report violations of the policy and prohibiting retaliation.
  • Stating that the employer will take any necessary corrective action.
  • Informing employees that smoking cessation assistance is available, if applicable.

Employers may incorporate this policy into an employee handbook or use it as a stand-alone policy document. This policy complies with federal law. Employers should reference state or local laws because they may impose additional or different requirements. Thus, employers should modify this policy as needed in order to comply with any applicable state or local laws.

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