Guide to Regulating On-the-Job Smoking

Research state and local laws

The smoking laws vary in different states and local ordinances – some states have banned smoking in public places, while others allow smoking on the job in certain situations.

I recommend: Click on your state at ItsSimple.Biz: State Laws on Smoking for the legal smoking regulations for your business's smoking policy.

Designate smoking and non-smoking areas

State laws dictate where and how designated smoking and non-smoking areas are to be identified with signage.

I recommend: Go to HR Business & Legal Reports (HR.BLR) for a chart that lists the smoking policy and applicable workplace requirements by state. Check out the Centers for Disease Control (CDC) Guide to Choosing a Workplace Policy.

Calculate the costs

Not sure if you want to allow smoking on the job? Then take the time to consider the financial and health costs to the company and its employees. An Environmental Protection Agency (EPA) study has proven that nonsmokers who are routinely exposed to secondhand smoke at work have a 50% higher risk of developing lung cancer than those not exposed.

I recommend: Go Working Smoke-Free for the costs to employers of smoking employees. Or visit the American Lung Association for their Smoking Policies in the Workplace Fact Sheet.

Create a Fair Policy for Everyone

Online templates can help you create a smoking policy. Set clear rules about smoking breaks, too – equal break times should be given to nonsmokers. Since there are no national standards for smoking breaks, it's up to you (after checking state/local laws) to design a fair policy.

I recommend: The CDC offers step-by-step instructions to design a smoking policy. Go to Personnel Policy Service to download the Smoking Policy Kit, including regulations, free posters and HR forms – all for $20! Check out Business Owner's Toolkit for a customizable smoking policy.