non-smoking policy

lukkieseven

We are moving to a non-smoking campus later this month. It comes as a result of the old staff smoking area being demolished as part of the construction for our expansion to be completed in 2007. We announced the change in policy, informed the union of our intent giving them an opportunity to bargain the issue (which they didn't), offered a temporary location during the interim and are going to be offering a temporary smoking cessation incentive. We are having no difficulties switching to a non-smoking campus - well, okay, there are a few naysayers, but overall the response has been good and we're set to go.


My real concern stems from the proposal that we institute a policy that does not allow for smokers to be hired. We can do this legally, but I'm trying to piece together all the administrative details, including enforcement, that this kind of policy would entail. For example, what if we hire someone who says she doesn't smoke and it turns out she does? What if that same person says she started after hire? What if a supposedly non-smoking new hire is seen smoking off-site on a weekend? What if that same person says it was a one-time social thing? And what about the social implications; it feels a little "big-brotherish" to me. Aaaarrrrggghhh! Anyway, if anyone has a policy like this, or has considered one, I'd sure appreciate your feedback in regards to the challenges you discovered for implementation, staff response, etc. And if you decided against such a policy, why?

LarryC

It seems as if this would be a difficult policy to uphold, given that current employees can still smoke. If your intent is to keep smoking out of the work premises, I think you have succeeded and need not extend the policy to ban smoking applicants. If your intent is to gain a favorable population for your health insurance, then I would also ban overweight people, people with dangerous hobbies, and drinkers. That would be about as "big brother" as you can get. That along with the complications would be enough for me to veto any such move to eliminate smokers. You also would be passing up a rather good working group of people, for the most part and in my opinion. For the record, I'm an ex-smoker married to a smoker and have three smoking children. (Grown of course.)

HRinGA

I agree with LarryC. Hey, that rhymes!
Anyway, you can't single out smokers and you can't control what they do on their own time. Make your campus no-smoking and move on. This will be a nightmare to keep control over not to mention any legal ramifications that would arise. Believe me, they will. Are you really prepared to fire x employee b/c he/she smokes? They will come back with a lawsuit.

Whirlwind

All the questions you asked in your second paragraph, plus what the other respondents have said, are why you shouldn't do this. Plus, you said you could do it legally, but are you sure? I believe some states have laws prohibiting discrimination against current or prospective employees who engage in legal behavior outside of work. I think there's been a thread about this on the Forum in the past. Maybe you've already checked that this is not the case in your state. Anyway, I get the impression that you aren't in favor of this but are getting it From The Top, so I hope you can talk them out of it! Good "luk"!

WT

Our buildings and vehicles are non-smoking areas. We have not gotten into refusing to hire people who smoke. Most all third parties require some sort of nexus for employment decisions between the behavior and the workplace. Employees have successfully kept their employment when engaging in such conduct as selling drugs, theft, or as extreme as physical assault or rape outside of the workplace due to lack of a nexus with behavior at work. Forget this proposed policy. You don't need the headaches and heartaches.

Balloonman1

[font size="1" color="#FF0000"]LAST EDITED ON 10-14-05 AT 04:05PM (CST)[/font][br][br]Hey your post made me remember this story, found it for you and would suggest you contact the company.
[url]http://www.themorningsun.com/stories/020305/sta_smoking001.shtml[/url]

They fired employees who smoked at home.....I am a non smoker, have to say loved the idea.

It will be a pain in the ass no matter how you slice it, but hey, if it is company policy as people are hired........ I would think it is enforcable.......

This company took it to the extreme. Fortunately if you have a sensitive nose you can pick out smokers and eliminate them that way. No way to prove that was the reason.

My $0.02 worth,
The Balloonman