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Smoking Policy

March 09, 2008

The purpose of the Smoking policy is to control smoking in enclosed public areas and workplaces under the control of the company and to protect the health and comfort of its employees and customers. It covers enforcement of the policy and alternative provisions. You must check state law and local ordinances before adapting any of the following to your company’s policy.

Subject: Smoking

Organization: Anonymous

Example of: Standard Policy

Note: Check state law and local ordinances before adapting any of the following to your company’s policy.

Purpose

The purpose of this policy is to control smoking in enclosed public areas and workplaces under the control of the company and to protect the health and comfort of its employees and customers.

Background

Smoking is not only a hazard to smokers, it is also a health risk to others. The city [town] has passed an ordinance requiring all employers to adopt and implement policies to protect the health of the public and employees by restricting smoking in the workplace. As a responsible business and employer, the company has implemented the following policy:

1. All enclosed public areas will be clearly posted as “smoking” or “nonsmoking” areas, and employees and members of the public will be asked to confine their smoking to designated smoking areas. (Smoking areas will be no larger than nonsmoking areas and will be so situated that smoke will not affect persons in the nonsmoking areas.)

2. Smoking is prohibited in all conference and meeting rooms, lunchrooms, restrooms, waiting areas, hallways, stairways, and elevators.

3. Employees with their own assigned enclosed office or work areas may smoke or permit smoking within those areas if other employees or members of the public are not affected, e.g., the ventilation system prevents smoke from traveling to nonsmoking areas. Employees in designated smoking work areas are to refrain from smoking when a nonsmoking visitor is present.

4. Employees sharing common work areas may not smoke in their work areas unless the company and all employees who work there agree that the area is to be designated as a smoking area. Employees who share company vehicles with others may not smoke in the vehicle, unless the company and all employees using the vehicle have agreed to designate it as a smoking area.

5. Employees are requested to refrain from smoking while other individuals are visiting their work areas on company business.

6. Any employee may object to smoke in his or her work area. Supervisors shall attempt, using available means of ventilation, separation, or partition, to reasonably accommodate the preferences of nonsmoking and smoking employees. If no accommodation reasonably satisfactory to all affected nonsmoking employees can be reached in any given work area, the preferences of nonsmoking employees shall prevail, and smoking must be prohibited in the affected work area.

7. For purposes of this policy, an employee’s immediate work area is that employee’s office, cubicle, desk area, workbench area, vehicle used on company business, or comfort zone as determined by the employee and supervisor.

8. Where smoking is allowed, employees are required to use ashtrays or similar receptacles to guard against fire and maintain good housekeeping. Cooperation is most important in this regard.

9. Employees may not use cigars, pipes, or chewing tobacco even in smoking-permitted areas.

Enforcement

1. Any employee observing a person smoking in a prohibited area should politely inform the offender that the area is a nonsmoking area and inform him or her of the location of the nearest designated smoking area. The supervisor in charge should be informed of situations of noncooperation.

2. Employee problems regarding smoking in work areas shall be resolved at the supervisory level, if possible. Otherwise, such problems shall be resolved by the human resources manager in accordance with this policy.

Alternative or Additional Provisions

• Because of fire insurance requirements, smoking is permitted only in designated areas.

• Company policy is to promote good health among employees as well as provide a safe working environment. Based on the expressed interest of employees to prohibit smoking in the workplace, smoking is banned in all company facilities and vehicles effective ______________.

• “No Smoking” areas are clearly identified in our plans and are designed both to reduce safety hazards and maintain product quality. It is essential that no-smoking regulations be observed.

• Employees may not smoke in public, e.g., in front of visitors, outside the front door.

• Employees who desire to quit smoking may obtain information regarding smoking cessation programs from the Human Resources Department. Employees who stop smoking through the use of one of these programs and do not resume smoking for 6 months may request the company to reimburse them for the fees for the stop smoking program.

• Effective _______, 20__, the company will be a tobacco-free company, and all employees must maintain a smoke-free and tobacco-free status at all times.

• All offers of employment will be made with the condition that the candidate passes a test for nicotine. The company will pay for the test and any candidate with a confirmed positive result will not be hired. Candidates who refuse to take a pre-employment tobacco test will not be hired.

• As a condition of employment each employee must submit to preemployment and random nicotine tests and submit to preemployment and reasonable suspicion nicotine tests.

• When the company has reason to believe that an employee has brought prohibited tobacco products onto company property or vehicles, the company reserves the right to conduct an appropriate search of company property or items brought onto company property (e.g., purses, desks, briefcases, vehicles). For this reason, if there is something that an employee wishes to remain private, he or she should not bring it on company property. [Employers may want to include this in an employee manual as part of policy regarding privacy, rather than limiting it to smoking.]

• No employee shall be terminated or subject to disciplinary action as a result of his or her complaint about smoking in the workplace. Similarly, smokers who complain about smoking restrictions shall not be terminated or subject to disciplinary action as a result of their complaint. [Employers should carefully consider whether to adopt this type of policy because it could result in the employer voluntarily assuming liability when the employee would not otherwise have a legal claim for retaliation in this situation.]


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