It's my understanding that an employer or building owner can ban smoking or limit smoking to areas of his building in any state. A union contract is the only thing I know of that might get in the way of that. Subject to correction by our lawyer friends of course.
But many states have smokers rights laws. You can tell them they can't smoke in the work area, but you cannot discriminate against a smoker in hiring. In most states, these laws are not labeled "smokers rights", what they say is "an employer cannot discriminate against an employee for lawful off work conduct." These were lobbyied for by smokers groups, so the intent is to protect smokers.
If you are a subscriber, you can search the newsletter database and find articles on it. You will find one (I can't recall which state wrote it), which lists all states that have smokers' rights laws.
I don't think anyone is suggesting we try to monitor smoking behavior away from the worksite. The issue is whether or not we can outright prohibit or ban smoking on the premises in several states. I think the answer is yes, in any state. This includes visitors, vendors, applicants and vagrants and can be expanded to include smokeless tobacco as well, as far as I know. Spitting and drooling are as unappealing as second hand smoke. Don D. - former 3 pack a day user.
Comments
What can we do?
These were lobbyied for by smokers groups, so the intent is to protect smokers.
If you are a subscriber, you can search the newsletter database and find articles on it. You will find one (I can't recall which state wrote it), which lists all states that have smokers' rights laws.
Texas, by the way, has no such law.
Good Luck.