No Smokers in the Workplace:
The New Controversy

03/06/07

From airlines 15 years ago to restaurants today, smoking has been banned to protect workers and the public from the health dangers of second-hand smoke. And thanks to rising healthcare costs, the push for a smoke-free workplace is gaining steam and forcing employers to make tough decisions.

Is this the end of the "smoke break?"

Now some businesses are eliminating the "smoke break" and some are going as far as forbidding employees from smoking any time. These actions are stirring debate and lawsuits between companies with concerns about employees' health and workers' rights groups who say these regulations violate the right of free expression.

Weyco, Inc., an employee benefits plan firm in Michigan, implemented a rule that prohibits smoking any time and subjects employees to random nicotine tests. At least four employees left after refusing to take the test. Other companies, like Alaska Airlines and Union Pacific Railroad are enforcing the same rule in the 21 states where they are not bound by Lawful Consumable Products statutes. Sometimes called "smokers’ rights laws," these statutes say employers can’t restrict employees’ use of food, alcohol and tobacco on their own time.

Soaring costs fire up employers

Employers like Weyco justify drastic action because of the increasing costs. According to the Centers for Disease Control and Prevention (CDCP), a smoker can cost a company almost $3,400 more in lost productivity and health care costs every year. Companies for some time have enacted wellness programs, offering support and incentives to employees who participate.

Others try to recoup the costs. About 5 percent of employers charge higher health care premiums for smokers, according to a recent survey of 270 human resources professionals by the Society for Human Resource Management. That same survey found less than 1 percent have a formal policy against hiring smokers.

With tobacco still the leading cause of preventable death in the United States, according to the CDCP, the debate on employer zero-tolerance policies will continue.

How to clear the air

Today’s no-smoking laws can be confusing for employers. State and local laws vary in the protections they offer to smokers and the restrictions they place on smoking in the workplace. For example, some state and local laws restrict the areas where smoking is allowed—even in private businesses.

To help you navigate through the haze, G.Neil’s Federal/State-Specific Employment Law Manuals cover smoking regulations for every state. The up-to-date information in these manuals provides expert advice from leading attorneys and simplifies confusing rules. Furthermore, the Cease-Fire Smoking Receptacles from G.Neil can ensure that your designated smoking areas remain safe from accidental fire.

June 2005