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Workplace Smoking

Smoking is a serious health and cost problem. For employers, costs derive from higher health and fire insurance, increased absenteeism, and reduced productivity (as when smokers take a 10-minute break behind the store). A manager may deny a job to a smoker as long as smoking isn’t used as a surrogate for other discrimination. Federal laws don’t expressly prohibit discrimination against smokers. However, if a majority of a company’s smokers also happen to be minorities, antismoking activities could be viewed as discriminatory. Seventeen states and the District of Columbia ban discriminating against smokers. Most employers these days ban indoor smoking, often designating small outdoor areas where smoking is permitted. Many states and municipalities now ban indoor smoking in public areas. With vaping laws in flux, employers should check the status of their local and state laws. NIOSH suggests prohibiting both tobacco smoke and e-cigarettes from the workplace. While marijuana use is still illegal by federal law, it is legal in about 26 states, some of which have safety standards to protect cannabis industry workers.