Almost all states have some laws that defend smokers from discrimination. But because of the health hazards concerning smoking, it is found that smokers are not fully protected in the way the non-smokers are. To better understand this, for example, smokers may need to pay higher for their company health insurance. Few localities have prohibited e-cigarettes at work. On the other hand, non-smokers have legal rights that associate with smoking and smoking areas within the workplace.
When you go through the Cigarette Forum & Smokers Community, you can know in-depth about smokers and non-smokers. The following section describes the important things you need to know about smoking and the workplace:
Do I possess the right to smoke at the workplace?
Primarily, smoking in the workplace is managed at the state level. The majority of the states control smoking in the workplace up to some extent. To protect people from secondhand smoke while traveling on airplanes and Federal government property, Federal laws have been passed. However, the smoking regulations are left in the workplace to let the states judge through the implementation of their police power.
It is found that there is no federal law governing smoking at work. Hence, smoking regulations significantly vary from state to state. For example, certain states ban smoking in indoor areas of their workplaces. On the other hand, certain states ban smoking in workplaces but they allow designate a separate smoking area to employers. You may also find some states that completely ban smoking in the workplace. A few states haven’t framed any laws that prohibit smoking at the workplace.
When it comes to smoking exterior to the workplace, some states permit smoking in certain establishments only. For example, they permit smoking in bars whereas other states permit smoking everywhere, apart from some places like restaurants and hospitals.
Apart from state laws, county laws or local cities may implement stricter regulations related to smoking at the workplace. Although there is not an appropriate law, it is possible that employers can set up their own workplace smoking policies which can ban smoking completely or with some restriction, in certain areas. You can go through the Cigarette Forum Community to get a clear picture of a judgmental view about the rights of smokers.
Workplace free from secondhand smoke:
The next important thing you need to know is whether I have the right to have a workplace free from secondhand smoke. Certain states have passed laws that either require the workplace to be smoke-free or provide employers the special rights to announce their workplace as smoke-free.
Certain states have laws that permit employers to allocate a specific smoking area that is entirely separated from their workplace. Hence, employees can easily keep away from exposure to second-hand smoke. If your state doesn’t have a law and if your employer doesn’t have a policy, you might not be protected if your co-worker opts to smoke. You can go through the Cigarette Forum Community to get more details on smoking at workplaces.
Is there any health risk if I am around co-workers who smoke?
The impact of smoking on health can be found in detail on the Cigarette Forum & Smokers Community. Secondhand smoke leads to the death of thousands of non-smoker per year. The common reasons for their deaths are heart diseases and lung cancer.
Being present around your coworkers when they are smoking can pose a threat to your health. Specifically, if you are inhaling tobacco smoke every day at the workplace then it can be hazardous to your health. Furthermore, the CDC reports that the majority of exposure to secondhand smoke takes place in workplaces and homes.
Can I receive compensation if I am injured with secondhand smoke?
Whenever an employee is being injured at the workplace, he/she can qualify for Workers Compensation. In certain states, workers' compensation commissioners have allowed compensation if the employee gets injured due to secondhand smoke exposure at workplaces. However, the standards might be high. The compensation is offered only when the injury is typical and due to long-standing exposure to secondhand smoke. Also, the employee should have attempted to prevent smoke from other sources when not at the workplace.
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