Be careful with no smoking policies.......
Posted by: John Gilliland
August 24, 2007

It must be that it's Summer. Time passes so quickly and I neglect to write. Maybe with Fall, I will improve.

What motivated me to write now was an article in yesterday's USA Today about how an increasing number of companies are prohibiting workers from smoking on the company property. Among other examples, it mentioned that a number of hospitals in North Carolina were implementing a completely tobacco-free policy applicable to their entire campuses.

This does represent a change. Not too long ago, a company might prohibiting smoking in the office but would have a location outside for smokers to use. The trend is now to prohibit smoking entirely on all company property and in company vehicles.

All the examples given in the USA Today article were prohibitions on smoking on company property. That is consistent with an employer's general right to control what happens on its property or during working hours.

Where problems can arise is if an employer attempts to prohibit smoking by its employees during nonworking hours or as a condition of employment. A number of states make it unlawful to discriminate against employees because they use tobacco products during nonworking hours. It also may be unlawful to require as a condition of employment that an employee or prospective employee refrain from using tobacco products during nonworking hours.

My point is simply that, if an employer desires to restrict smoking by its employees, its important to check state law to be sure the restrictions desired are permitted.

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