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What Are Some Of The Laws Associated With Smoking In The Workplace?

The two types of laws associated with smoking in the workplace are broken down into two categories: (1) bans employees from smoking at any time and (2) bans employees from smoking in various parts of or the entire workplace facility. The United States Government, in December of 1986, decided that second hand smoke threatens the health of non­smokers and required federal agencies to limit where people can smoke. There have been others who refuse to hire smokers. Certain states, like Wisconsin, however, prohibit employers from discriminating against employees who use lawful products such as tobacco outside the workplace facility and on the employee`s free time. Even those states, however, will allow companies to establish policies prohibiting employees from smoking in areas that are particularly dangerous to smoke in, such as factories and warehouses. Companies, however, that do not impose a ban on smoking, might be subject to a lawsuit, if a non­smoking employee can prove the secondhand smoke caused the employee`s health problems. Some of the exceptions to the anti­smoking laws are: (1) smoking usually cannot be banned in places where social functions take place, such as a banquet hall; (2) private offices that only smokers will occupy; (3) prison inmates and hospital patients; and (4) employers who saw that it would be too much of a financial or physical hardship for the employer to comply with the anti­smoking laws.

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