http://resources.lawinfo.com/en/Legal-FAQs/Smoking-and-the-Workplace/index.html LawInfo - Legal Resource Center offers free legal forms and free legal documents that is designed to help consumers and businesses resolve their legal issues http://resources.lawinfo.com/en/Legal-FAQs/Smoking-and-the-Workplace/Federal/what-are-some-of-the-laws-associated-with-smo.html 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. Smoking In The Workplace FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Smoking-and-the-Workplace/Federal/what-are-some-actions-non-smoking-employees-c.html Non­smoking employees, who were able to prove that their co­worker`s smoking seriously impaired their breathing, successfully sued their employers under the Americans with Disabilities Act. Employees can also ask their bosses to install more ventilation systems, restrict where employees can smoke and separate smoking and nonsmoking employees. Employees who must quit their jobs because of health problems caused by their co­worker`s smoking may qualify for both worker`s compensation and unemployment insurance benefits. Smoking In The Workplace FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Smoking-and-the-Workplace/Federal/what-are-some-action-employers-can-take-regar.html 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. Smoking In The Workplace FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Environmental-Agencies-and-Acts/index.html Free Environmental Agency FAQs Environmental Sub-categories Sun, 29 Nov 2009 21:24:08 GMT