What Are Some Action Employers Can Take Regarding Smoking In The Workplace Laws?
Some of the actions an employer can take are: (1) Consult with labor counsel before terminating and/or refusing to hire someone because the person smokes to make sure the employer is not violating a person`s right to privacy and/or state law; (2) provide employees with a written document that explains the company`s policy regarding smoking; (3) ascertain that any company imposed smoking ban does not violate an individual`s right to privacy or is discriminatory in anyway; (4) Take nonsmoking employees` complaints about smoking seriously and immediately address their concerns. Employers can segregate the smokers from the nonsmokers, move nonsmokers close to an air vent or window, and erect partitions. Doing so, can protect the company from litigation, OSHA investigations, union intervention and/or EEOC involvement; (5) make sure the company`s policies are in full compliance with state and local laws; and (6) in certain states such as Minnesota, Montana, South Dakota, Wisconsin and Wyo
