Smoking in the Workplace

GLC

A friend of mine started a new job and the owner of the company, who works on the premises periodically, smokes in his office. She is allergic to cigarette smoke due to allergies. The friend complained to her supv. The supv told her he come move her desk and that the owner would not be working at that location much longer. She did not want to move her desk because it would move her away from the team she supervises. The owner has continued to work there. Today she went to HR. The HR person told her that the building was a smoke free building, and he would have to catch the violators in the act. The only person to her knowledge that is smoking is the owner. However, he told her he would have to handle things differently with the owner. He then asked her to bring in her medical documentation that she offered to bring in. Does he have a legal right to ask her to bring this in? Since it is a smoke-free building, shouldn't that be enough.

Hunter1

The problem is: Who makes the rules? Unless there is a state or local requirement that places of employment be smoke free, the owner, ultimately makes the rules, and he can just as easily change the rules as not. If he does so, then it won't be a smoke free building any more.
Is your friend trying to work, or trying to assert her 'rights'? They already suggested a possible accomodation.

marc

Nothing but hot water to get into here.

If the company is just a tenant in a smoke free building, your friend could try an anonymous tip to the building manager - but I personally rarely act on information received anonymously.

In our shop, we encourage direct feedback. Perhaps a conversation with the owner regarding the smoke allergy situation is in order, but if the owner says - "golly gee that's too bad, perhaps you find work somewhere else" then your friend knows the situation will not change.

Did your friend disclose her allergy in the interview process? If so, then someone dropped the ball.

Smoke free building or not, it seems a bit presumptuous to expect the owner to accomodate someone who has just been hired - resisting the accomodation about the desk move is a losing proposition. Does she expect the owner to relocate? C'mon, be real here.

dchr9203

Contact your local court house and ask for the city ordinance on smoking. Also, if your policy is non-smoking, or your rental agreement is non-smoking, and the city ordinance is non-smoking, somebody might want to mention fine$ to the owner. If those things are applicable, the employee doesn't have to prove anything about her health. Violation of city ordinance is a fineable issue, regardless of if the smoker owns the company or not. Even a new employee has the right to work in an environment that is compliant with its own policies and/or applicable laws.

Dutch2

We have a similar opportunity. Our Chairman works here at the Main Bank facility two or three half days each week. He is a chain smoker and 80 + years old. He is not about to stop now. He did agree to smoke only in his office (we moved his office to an area not near any other workers) and to run an air purifier when he is here. He also agree that if he needs to see an ee, he will go their office so they do not have to go into his office. Several folks were very concerned (scared) to talk with him about this, but actually he was very understanding and our arrangement is working very well. We are a smoke free building, 'cept for his office.
Good luck!