SMOKING VS NON-SMOKING

CHEISER · December 2001

IS AN EMPLOYER REQUIRED TO SUBMIT TO THE WISHES OF NON-SMOKING EMPLOYEES JOINING OFFICE STAFF WHERE SMOKING IS PERMITTED?

Down_the_Middle · December 2001

At the risk of trying to respond to a very vague and guarded question........ Are you legally required? Probably not! Smokers are not in a protected class altho if all the smoker's are males and female non-smokers are complaining, your problem may be expanded. Why would you not want to listen to the concerns of the non-smokers and assess the impact? I'm betting there's more to this than you posted, so hard to generalize with this type of "what if" question.

CHEISER · December 2001

THE PRESIDENT OF THE COMPANY, THE SALES STAFF, AND THE ADMINISTRATIVE STAFF AT ONE OF OUR DIVISION OFFICES ARE SMOKERS. THE PRESIDENT HAS DECIDED TO PLACE THE SALES STAFF FROM ANOTHER LOCATION IN THE SAME OFFICE. THEY ARE NON-SMOKERS. HOW DO WE RESPOND TO THEIR REQUESTS FOR THE OFFICE TO BE NON-SMOKING? THE NUMBERS ARE: SMOKERS = 5, NON-SMOKERS = 2

Down_the_Middle · December 2001

Is the work area of the sales staff able to be smoke=free? Are individ offices avail or is this a large work area with partitioned areas? How much time does the sales staff spend in the office environment?

Your description sounds like a WE vs. THEY mentality and if that's really the case, I don't see this working effectively. The middle ground here will have to be concessions on both sides. The smokers might agree to smokeless ashtrays and perhaps accelerated ventilation fans, or agreeing to a designated smoking area. The sales staff may find relief in using portable air cleaners/purifiers in their work areas. Your situation suggests to me that this is a small employer with a disproportionate number of smokers who probably have more influence on the outcome. They'll make this work if they want to. Otherwise, it may be that the sales staff won't find the work environment to their liking and they may leave. While unfortunate, this is much more likely to happen in the small employer world. The best you can probably do is try and mediate a neutral gound that is acceptable to everyone. The risk in saying to the sales staff," this is it, take it or leave it" may not serve you well if they leave and argue constructive discharge, etc............ good luck........

Cathie · December 2001

If you were in another state, you would probably be required by law to provide some kind of accomodation for the non-smokers. Texas is one of the few that does not have some kind of law on the books. But as a non-smoker who is slightly allergic to cigarette smoke, I would quit if my employer did not make some accomodation for me. It's not just a preference thing; it's a health thing. I'm not saying the smokers don't have a right to smoke; they have as much right to make that decision for themselves as anyone else. But the operative word is, for themselves. The non-smokers are being forced into an unhealthy situation where they have no control over what they breath.

So legally? No, you don't have to do a thing. Ethically? By not making some accomodation, you are telling the non-smokers that you don't care about them or their legitimate concerns for their own health.

Theresa Gegen TX · December 2001

You might want to look at some type of compromise. For example, making all the common areas in the building non smoking, but letting the executives smoke in their offices, or designate a smoking lounge. Being a non smoker myself, I would not want to work in a smoking environment. (I actually got physically ill the last time I spend several hours a smoke filled room at a friend's house). So I would try to look at the workplace layout and see if there is anyway to compromise.

Also, if you have any employee with a medical condition that could be worsened by the smoke (for example asthma or allergies), you may have to accomodate the person.

Good Luck!!

Jocelyn · December 2001

I'd check with the OSHA indoor air quality reg's. Most state, local, and accrediation agencies have some regulations about smoking in buildings. One agency that bans smoking in facilities is JCAHO. We just received some info the other day that OSHA may be getting involved in the battle. Personally, I can't believe smokers are allowed to smoke inside anywhere anymore.

felicia_matthews · January 2002

An employee could certainly file a workers compensation claim for exacerbation of allergies, asthma, bronchitis, COPD, emphesyma, etc. And if you were to have a pregnant employee, you could also have some exposure issues to the unborn fetus. In California, we would not even be having this conversation...

SMOKING VS NON-SMOKING

Comments