What issues should we consider before deciding whether to ban smoking in the workplace?

July 13, 2007

An employer may be able to totally or partially ban smoking in the workplace. Such bans have generally withstood legal challenges, except where imposed unilaterally by a unionized employer in derogation of its duty to bargain.

Total bans
A total ban on smoking in the workplace has obvious problems. Certainly, such a ban will be hard on employees who smoke and may lead to employee alienation, organized resistance or clear and malicious violation of the rules. On balance, it may be welcomed by a majority of employees who do not smoke. Employers should carefully study the possible effects of a total smoking ban on employee morale.

Employers who do decide to implement a total ban on smoking should consider this two-step approach:

• The workforce -- including management, the union and the employees -- should be familiarized with the dangers of ETS and the reasons for imposing a ban on smoking.
• The ban should be accompanied by a company-paid wellness program designed to help employees and their families quit smoking. Wellness programs designed to help people quit smoking are generally recognized as providing a good return on investment because of reduced health-insurance costs and improved productivity.

Partial bans
Partial bans on smoking are generally more acceptable to the smoking employees. Under a partial smoking ban, employees can still smoke in specified areas and segregated lunchrooms, while work areas, hallways, restaurants, conference rooms, private offices and employee lounges are usually designated as no-smoking areas.

Note: A negative side effect of specifying nonworking areas as smoking areas is that smoking employees may take more frequent or longer breaks away from their work areas.

Implementing a smoking policy
Employers should consider what they are attempting to accomplish by developing and implementing a smoking policy. Is the policy a response to complaints by nonsmokers? Is the goal an attempt to cut insurance costs? Specifying these goals in advance will help the policy meet its intended goals. Employee concerns should also be addressed in developing a company smoking policy. If employees are already following their own informal rules, for example, the policy may simply require a formalization of these rules.

Employees should be included in the process of developing any smoking policy to help gain the cooperation of employees who smoke. Employers should also be sure they have defined the ways by which a smoking policy will be enforced. The policy must clearly state disciplinary procedures, which must be followed closely and administered uniformly. Some issues which must be addressed in considering and designing a smoking policy are as follows:

• Will a smoking policy affect productivity, insurance costs, or customer or client relations?
• Should the smoking policy include a total or a partial ban on smoking?
• In cases of partial bans on smoking, are designated smoking areas truly isolated or can smoke be transmitted through vent or air-conditioning systems?
• Would confining smoking to certain areas protect those working near those areas?
• Should a smoking policy include all forms of tobacco use, such as cigars and smokeless tobacco?
• Does the smoking policy apply during nonworking hours, weekends, or holidays?
• Who will the smoking policy apply to -- employees, managers, supervisors, directors, administrators, customers, and/or clients?
• If smoking employees are given additional smoke breaks during the workday, should nonsmoking employees also receive additional breaks?
• If a smoking policy is implemented, should guidance services or workshops be offered to encourage employees to quit smoking?

This information is adapted from Ceridian's HR Compliance Reference System. Contact your Ceridian representative for more information about Ceridian's compliance solutions.