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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 Wyoming, employers can charge higher health insurance premiums to smokers than their non­smoking counterparts.

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