Planning to establish a smoking area in your place of work without incurring fines?
Most employers don’t realize there’s a legal minefield of risks around workplace smoking areas. Regulations change faster than you can light a cigarette and one misstep could cost you thousands in fines and penalties.
Before you have to deal with the legal headaches. But here’s what nobody tells you about workplace smoking areas…
When done correctly you can actually increase productivity while keeping everyone happy and avoiding compliance issues. Whether your employees are searching “native smokes near me” for their smoke breaks or already have their supplies at the ready, all you need to know is how to properly regulate workplace smoking for their convenience and yours.
What you’ll discover:
- Current Smoking Regulations That Actually Matter
- The Real Cost of Getting It Wrong
- Creating Compliant Smoking Areas
- Smart Ways to Manage Smoke Breaks
Current Smoking Regulations That Actually Matter
Think you know the smoking laws in your area?
Think again.
As of 2024, 28 states and the District of Columbia have 100% smokefree indoor air laws in place. 100% smokefree means smoke from any source cannot be used within the entire building.
So where is it legal to smoke indoors?
As of 2024, only the states of Alabama, Arizona, Arkansas, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming and the District of Columbia allow indoor smoking at private workplaces.
Talk about a crazy patchwork.
California will hit you with fines of up to $7,000 per violation. After three violations in a one-year period, the state’s Cal/OSHA enforces penalties on site.
Did you know even if you’re in a state without comprehensive smokefree laws your local municipalities can still enact their own rules?
In Mississippi, for example, there’s no statewide smokefree law but 31.8% of the state’s population is protected by a local smokefree ordinance.
It’s confusing for sure.
But there’s good news. The federal government does not have smokefree laws for private workplaces (but does for public ones).
If you are running a private workplace you are basically on your own to figure out the ever-changing web of state and local regulations.
The Real Cost of Getting It Wrong
Here are some numbers that’ll make your head spin.
Your typical employee smoker takes 4.6 smoking breaks a day at an average of 7.2 minutes each. Math is fun right? 4.6 times 7.2 equals 33.12.
Multiply 33.12 by 250 working days and that’s 8,280 minutes per year per employee just for smoke breaks.
That’s 143.45 hours per year. That’s over three weeks of paid time off to smoke for each employee smoker. Holy productivity drop, batman.
But wait, there’s more.
Smokers are 31% more likely to be absent than non-smokers.
They take more sick days and are less productive when they’re at work.
In workplaces that allow smoking, 20% of non-smoking employees report being exposed to secondhand smoke in the workplace weekly.
Did you know your employees can file workers’ compensation claims if they develop health issues due to smoke exposure?
Talk about a lawsuit waiting to happen.
On the other hand, businesses with smoke-free policies experience a 25-30% drop in their fire insurance costs.
Insurance companies know that smoking areas are a liability and make your business more expensive to cover.
Creating Compliant Smoking Areas
So you know you need a designated smoking area?
Don’t shoot yourself in the foot setting it up.
Here’s what your smoking area must be:
- Distance from building entrances (most states require between 15-25 feet away)
- Away from air intake systems
- Away from windows that open
- Clearly marked with appropriate signage
Here’s what most people forget though…
You can’t just stick a “Smoking Area” sign up and call it a day. Your state most likely has specific signage requirements including No Smoking signs at all building entrances and on-site, clear delineation of the smoking area, and posted smoking policies and rules that are clearly visible to all employees.
Smoke-free signage requirements get complicated fast. New York City even requires that you use the international no-smoking symbol. Smaller states also have their own specific signage and placement requirements.
Don’t forget about the Americans with Disabilities Act (ADA) either. Smoking areas must be accessible which means proper surfaces and pathways are needed.
Smart Ways to Manage Smoke Breaks
Here’s a surprising fact:
The most successful companies don’t ban smoke breaks, they manage them intelligently.
Want to know their secret?
Equalizing all breaks. The smartest companies don’t have special smoke break rules.
They have break time policies that apply to everyone. Smokers, coffee drinkers, anyone who just needs to get up and move around- everyone gets the same amount of break time. Period.
No more than the allowed limit of total break time.
This approach completely eliminates the non-smoker resentment about co-workers taking multiple smoke breaks throughout the day.
Want to get really creative?
Companies are tracking break time using employee monitoring software and other systems. They’re offering incentives for employees who don’t go over their limit.
They’re also providing smoking cessation support programs. Seriously cutting edge stuff.
The most successful companies understand one key thing.
It’s not about punishing smokers, it’s about creating fair policies for everyone and keeping people productive.
Protecting Non-Smoking Employees
Let’s talk about the elephant in the room…
Your non-smoking employees have rights. The Surgeon General has said again and again there is no safe level of secondhand smoke exposure.
That’s why protecting your non-smoking employees isn’t an option, it’s a requirement.
Want to know what smart employers do?
- Create buffer zones between smoking areas and employee work areas
- Install proper ventilation
- Have clear policies regarding smoke-free zones
- Address complaints ASAP
Want some free legal fees?
Remember those workers comp claims mentioned earlier?
They’re not just made up. Employees who are exposed to secondhand smoke at work can develop a host of health issues and then sue you.
The best way to protect yourself and employees? Going 100% smoke-free.
But if you aren’t there yet you need to have really good policies, and they need to be enforced.
Building Your Smoking Policy
Alright, time to put it all together.
Your smoking policy needs to be in writing, posted everywhere, given to all new hires, and enforced consistently.
It needs to include the following:
- Where smoking is and isn’t allowed. Be specific. No room for interpretation.
- Break time limits and how they’re tracked. Make it fair and equal for everyone.
- Consequences for violations. Start with warnings but have a clear escalation process.
- List of cessation resources. Want employees to stop? Help them with education and support.
But here’s the secret sauce…
Get employee input before you finalize your policy.
Wait what?
Yes, get the employees involved before you start. People are more likely to comply with policies when they feel like they had a say.
Making It Actually Work
Don’t confuse having a policy with making it work.
The companies that are successful do three things different:
First, they communicate. Not just at roll-out, but constantly. Regular reminders and updates.
Second, they enforce consistently. No favorites, no exceptions.
Third, they measure and adapt. Track productivity, sick days, complaints. If something isn’t working, fix it before it’s a bigger problem.
Want to know the number one tip that really works?
Lead by example. Management setting the standard and everyone else will follow.
Meshing It All Together
Setting up compliant workplace smoking areas isn’t rocket science, but it’s not as simple as you might think.
You’re juggling legal requirements, employee rights, productivity concerns, and public health. Get it wrong and you’re looking at fines, lawsuits, and a very toxic workplace.
Get it right?
Happier employees, lower insurance costs, fewer sick days. And of course you avoid those hefty fines and legal headaches.
Remember:
- Know your local and state regulations back to front
- Create fair policies that treat all employees the same way
- Protect your non-smokers while also respecting your smoker’s rights
- Be flexible and ready to adapt when regulations change
The bottom line?
Workplace smoking policies aren’t about choosing sides. They’re about creating an environment where everyone can be productive and healthy.
Take action now before regulations change or problems arise. Your employees – and your bottom line – will thank you for it.
