Smoke Free Policy????

CJK7 · January 2002

It may be hard to believe in this day and age but our manufacturing facility is NOT a smoke free facility! Our plant manager called me this morning and is furious because again this morning the building had to be evacuated due to smoking that set off the fire alarms. He wants to NOW institute a policy of a smoke free environment. I have SEVERAL questions on how to do this! Everywhere I have worked has been smoke free and I have never had to develop a strategy to institute this! HELP!

*How do we accomplish this?
*What do we need to consider in implementing this?
*If an employee quits because we tell them that they can no longer smoke in the building, can they file for unemployment?
*Are there any legal issues we need to consider?

If you know of a good website to research this information, please advise.

Thanking you in advance for your assistance!

felicia_matthews · January 2002

I am in CA - so indoor smoking is not really an option for employees. I did work in a Casino where patron smoking was allowed throughout the building but employees had to smoke outside, and this was never a problem w/UI or any other type of claim.
I think you need to draft your policy first (and reserve your right to revise as needed, because you will). Decide where your smoking areas will be located. You will need to order the appropriate "stuff" for those areas, i.e. ashtrays, table, umbrella/patio covering. Depending on the weather in your state/area, it may be good employee relations to provide more protection from the elements, etc. And keep in mind that the area should be accessible to employees w/disabilities. And safe (if you have employees who work at night or if you are in a "rough" area.
In UI court, as the employer, we have to show a compelling reason for terminating someone's employment. Equally, the employee has a similar burden as to why they would quit their employment. As long as you have established a reasonable policy, established a place for the employees to smoke and enfore the policy uniformly, then I do not think that an employee could argue that their resignation was a constructive discharge.
This is the policy I wrote for our EE Handbook. Use as you wish.
In keeping with COMPANY NAME's intent to provide a safe and healthful work environment, smoking is prohibited throughout the workplace. Outdoor smoking areas are provided. At no time is smoking allowed in locker rooms, hallways, restrooms, stair wells or any other public areas. Off-duty staff may smoke in public areas provided they are out of company uniform. Employee are reminded to properly dispose of all trash items, including cigarette butts and matches.

System · January 2002

When we took our plant to a smoke free environment, we gave the employees 90 days notice and offered to pay for smoking cessation classes. We also built smoke shacks outside to protect them from the weather. Smoking is not allowed anywhere in the admin building or in the manufacturing area. With giving the people that much notice, it was easier for them to accept our decision. The handbook was revised to state where smoking is permitted. Hopes this helps.

Margaret Morford · January 2002

Just a quick reminder, make it a tobacco use policy, not a no smoking policy. This covers "chewin and spittin." Regards from Tennesee in the tobacco belt.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

cedupree · January 2002

You may want to do a search in this forum. I think this topic was brought up in the fall of 2001. Good Luck1

Smoke Free Policy????

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