Smoking at Work

ladyzuesse

We have strict guidelines for smoking at our 50+ manufacturing facility. There is no smoking in the plant and there are no "extra" smoke breaks, only 15 minute breaks at 10 and 2 plus 30 minutes for lunch.

Since some employees have decided to stand inside the plant door to smoke since it's cold, the managment team has discussed not allowing employees to smoke at all. Besides the pain of some irate employees, can we legally prohibit employees from smoking on the property AT ALL (meaning outside), especially if it's an unpaid break?

We are in VA, not one of those towns where it's illegal to smoke on the street.

Your advice on this issue is appreciated. I'm thinking it's bad for morale to try to stop all smoking, and should be a discipline issue for those violating the policy. But some are reluctant to "write up" an employee and have to follow through with a termination for repeat violations over this issue.


Tammy

AJ SPHR

Smoking is a not a protected activity. I worked for a company that had a distribution center that prohibited smoking on its entire property, including the parking lot so that employees couldn't go out to their cars at lunch and smoke. You could ban smoking on the entire property, which would require employees to go off-site on their unpaid breaks or lunch periods to smoke. So yes, you can do so and you can offer smoking cessation courses to help those who want to quit.

Personally, I never liked seeing the entrances used as "smoking rooms". I do understand your concern about banning smoking on the entire premises outright; do you have an area in the back of the building or somewhere that customers and visitors wouldn't access that would give you the ability to designate it as the smoking area for employees on breaks?

What is it the supervisors are trying to police? Is it abuse of breaks? Taking too many breaks or spending too long on breaks? I suspect you'll have that issue whether the offenders are smoking or not. Better to deal with those who are non-compliant than to punish everyone.

mwild31

There's no state law in Virginia that says a private employer have to provide a smoking area [url]http://www.gasp.org/cleanairact.html#any[/url]

that being said, your company could go completely smoke-free if it would like to & any smokers would have to smoke in their cars or somehow go offsite to smoke. The other direction you could go is to clearly outline a smoking area on-site (away from doors) and tell smokers they are only authorized to smoke in that area & any infractions would be written up.

The decision to go completely smoke-free is a tough one, mainly because it will result in poor morale with smokers, possibly some tardy issues (returning from off-site or their cars) and some turn-over. I say this not to discourage you, merely just to say that it will happen. If your company is prepared for the fall-out & is able to bring on skilled non-smokers to replace the smokers - then go for it - it's your company.

ladyzuesse

We have a designated area behind the plant. The smoking policy has been violated because of weather (wasn't above 32 for several weeks and some of the ee's thought it unfair to have to go outside in the cold) - probably should ask if they want cheese with that whine. x:D

I'm of the belief that it's a discipline issue with those ee's and should not be banned completely as there are many smoking ee's who are doing what they are supposed to. And frankly, I smoke, and I am now going out to the back of the plant... so I'm playing hall monitor trying to protect this policy for the employees. (there is another area outside for office employees in a location closer to their offices)

Didn't think there was a "right to smoke" law, but I will discuss the possible repercussions - because we will face them, and honestly can't afford the attrition.

Tammy

dmd

I agree. Companies can definitely prohibit smoking on their premises, including in cars on their parking lot!

However, the bigger issue is that "some employees have decided to" smoke in the entryway. That implies that they used to go outside, but have taken it upon themselves to move it inside. Why not simply establish and enforce a smoking-outside-only-policy, designating an area with a butt receptacle? Naturally, violations of the policy would have to be adressed as disciplinary issues, but (as you said) prohibiting smoking altogether is sure to make for morale problems.

JM in ATL

Ditto. I AM a smoker and wrote our company policy to state that no smoking on company property at all! Even on lunch breaks ee's have to leave the property.

And I do, every day at lunch I suck down my one cigarette, but hey, I've cut down to one pack every other day. And hopefully it will be none all together. So, it may be a good thing.

We did have one employee have a fit over it, and ultimately end up quitting, but it wasn't such a loss that we coudn't move on.

Do what you think will be the best way to handle the situation.

Whatever

[font size="1" color="#FF0000"]LAST EDITED ON 02-09-04 AT 11:06AM (CST)[/font][br][br]If there is no smoking within the plant, why is management allowing employees to smoke inside the door? Also, if managers are relunctant to write up an ee, how does making the guidelines stricter solve that problem.
If it was me, I would insist on enforcement of the rules.
I would add that I am in NYC which has a strict non-smoking code. Management decided that on our premises, there could be no smoking within 20 feet of an entrance (we had ees who didn't want to walk through a haze of smoke). And, I have seen smokers go out during very cold weather, rain storms, snow storms. Of course, the difference is that there is a law on the books.

Crout

ANY policy you write is going to be ineffective if your managers feel they can selectively enforce it. I would focus my energies on that bigger issue.

rad

I can not smoke within 50 feet of my building's entrance. Not a big deal, I'll walk any distance and so will they.

Crout

So you'd walk a mile for a Camel? Interesting.

rad

Winston Light x;-)

cebudragonlady

Some companies may be more strict than others - follow your policy whatever it may be. I once worked for a company that had big signs in the carton warehouse, saying: " Smoke today, no job tomorrow "

Chari

ladyzuesse

Thanks for the advice, ya'll. We can institute a ban, but I'm going to see what I can do in the enforcement arena, since ya'll are right - that really IS the problem.

Tammy