Does either OSHA or Rhode Island regulate smoking in the workplace?
Rhode Island does regulate smoking in the workplace. OSHA ‘s efforts to regulate in this area, via its rulemaking authority, have stalled. Employers are required by the Rhode Island Workplace Smoking Pollution Control Act (R.I.G.L. ยงยง23-20.7-1, et seq. ) to adopt, implement and maintain a written smoking policy which must be posted in conspicuous locations throughout the workplace. Employers are also required to make reasonable accommodations for the preferences of both smoking and non-smoking employees – particularly those employees, who as a result of physical conditions are unduly sensitive to tobacco smoke – although employers are not required to make any structural changes to create these accommodations. Non-smoking areas at work must be clearly designated. The employer may decide to adopt a policy that prohibits smoking throughout in the workplace. This regulation is enforced by the Rhode Island Department of Health.
