Guide to Regulating On-the-Job Smoking

How to Legally Regulate Your Employees' Smoking on the Job

By LaRita Heet, Freelance Writer, Journalist, IBT Designer, LMH Communications

As a small business owner, you must make a decision about how you will regulate on the job smoking. You can do this in three basic steps:

1. Learn the laws regarding workplace smoking policies.
2. Set up designated smoking and non-smoking areas.
3. Create your business's smoking policy and communicate it according to the law.

Action Steps
The best contacts and resources to help you get it done

Research state and local laws

The smoking laws vary in different states and local ordinances – some states have banned smoking in public places, while others allow smoking on the job in certain situations.

I recommend: Click on your state at ItsSimple.Biz: State Laws on Smoking for the legal smoking regulations for your business's smoking policy.

Designate smoking and non-smoking areas

State laws dictate where and how designated smoking and non-smoking areas are to be identified with signage.

I recommend: Go to HR Business & Legal Reports (HR.BLR) for a chart that lists the smoking policy and applicable workplace requirements by state. Check out the Centers for Disease Control (CDC) Guide to Choosing a Workplace Policy.

Calculate the costs

Not sure if you want to allow smoking on the job? Then take the time to consider the financial and health costs to the company and its employees. An Environmental Protection Agency (EPA) study has proven that nonsmokers who are routinely exposed to secondhand smoke at work have a 50% higher risk of developing lung cancer than those not exposed.

I recommend: Go Working Smoke-Free for the costs to employers of smoking employees. Or visit the American Lung Association for their Smoking Policies in the Workplace Fact Sheet.

Create a Fair Policy for Everyone

Online templates can help you create a smoking policy. Set clear rules about smoking breaks, too – equal break times should be given to nonsmokers. Since there are no national standards for smoking breaks, it's up to you (after checking state/local laws) to design a fair policy.

I recommend: The CDC offers step-by-step instructions to design a smoking policy. Go to Personnel Policy Service to download the Smoking Policy Kit, including regulations, free posters and HR forms – all for $20! Check out Business Owner's Toolkit for a customizable smoking policy.

Helpful advice for making the most of this Guide

• •  Size does matter: Workplace smoking standards often apply only to those businesses with a certain number of employees. Check first to ensure the law applies to you.
• •  Money to burn?: Workplace smoking means increased maintenance, cleaning costs, and fire insurance.
• •  Consider the consequences: Nonsmoking employees are now suing employers who allow on-the-job smoking – not only to restrict smoking, but also for worker's compensation, disability, and unemployment compensation (due to secondhand-smoke-related illnesses).
• •  Don't Equivocate: Don't allow some employees special privileges to smoke anywhere, while others have to obey your policy.