Employers are free to ban all smoking in the workplace, even if state law allows it. In other words, there is no law that protects your right to smoke at work. However, employers have less freedom to regulate off-duty smoking by employees. Several states have laws prohibiting discrimination against smokers.
The OSHA rules for smoking are clear. No employer shall knowingly or intentionally permit, and no person shall engage in, the smoking of tobacco products in an enclosed space at a place of employment.
Nonsmokers have the right to breathe clean air, free from harmful and irritating tobacco smoke. This right supersedes the right to smoke when the two conflict. Nonsmokers also have the right to express – firmly but politely – their discomfort and adverse reactions to tobacco smoke.
According to Indiana law, an employer may not require, as a condition of employment, an employee or prospective employee to refrain from using tobacco products outside the course of the employee’s or prospective employee’s employment.
In four states (California, Colorado, New York, and North Carolina), there is no specific law related to employee tobacco use, but smokers are protected under broader state statutes that prohibit employers from discriminating against any employee who engages in a lawful activity. California also has a law that protects smokers.
Smoking is not a right but a privilege. There is no such thing as a constitutional “right to smoke,” since the U.S. Constitution does not extend special protection to smokers. Smoking is not a specially protected liberty right under the Due Process Clause of the Constitution.
OSHA does not regulate smoking because a smoker’s exposure is not work-related. OSHA only regulates work-related hazards, which are hazards employees experience because of the work performed or because of the workplace conditions.
An employer cannot fire an employee just because they smoke cigarettes, assuming the smoker follows all health and safety regulations. This applies to both employees and applicants.
Smokers do not have a fundamental right to smoke. The U.S. Supreme Court has held that only personal rights that can be deemed “fundamental” or “implicit in the concept of ordered liberty” are included in the guarantee of personal liberty.
The non-smoking rule means that smoking is not allowed in enclosed or substantially enclosed public places, including workplaces. “No Smoking” signs must be displayed in smoke-free premises and vehicles, and the law is enforced by Local Authorities.
Regarding smoking outside in Indiana, the Indiana Smoke-Free Air Law prohibits smoking in most places of employment and most public places.
Can my employer make me stop smoking
Employers are free to ban all smoking in the workplace, even if state law allows it. In other words, there is no law that protects your right to smoke at work. However, employers have less freedom to regulate off-duty smoking by employees. Several states have laws prohibiting discrimination against smokers.
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What are the OSHA rules for smoking
§ 5148. Prohibition of Smoking in the Workplace. (a) No employer shall knowingly or intentionally permit, and no person shall engage in, the smoking of tobacco products in an enclosed space at a place of employment.
What are two rights of nonsmokers
NONSMOKERS have the right to breathe clean air, free from harmful and irritating tobacco smoke. This right supersees the right to smoke when the two conflict. NONSMOKERS have the right to express – firmly but politiely – their discomfort and adverse reactions to tobacco smoke.
What is the Indiana law on smoker protection
IND. CODE §§ 22-5-4-1 et seq. (2006). An employer may not require, as a condition of employment, an employee or prospective employee to refrain from using tobacco products outside the course of the employee's or prospective employee's employment.
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What states offer legal protection for smokers
In four states (California, Colorado, New York, and North Carolina) there is no specific law related to employee tobacco use but smokers are protected under broader state statutes that prohibit employers from discriminating against any employee who engages in a lawful activity. California also has a law that protects …
Is smoking a right or a privilege
There is no such thing as a constitutional “right to smoke,” since the U.S. Constitution does not extend special protection to smokers. Smoking is not a specially protected liberty right under the Due Process Clause of the Constitution.
Does OSHA prohibit smoking
OSHA does not regulate the matter, however, because a smoker's exposure is not work-related. OSHA only regulates work-related hazards. Work-related hazards are hazards employees experience because of the work performed or because of the workplace conditions.
Can you fire an employee for being a smoker
This goes for both employees and applicants: an employer cannot discriminate against someone just because they smoke cigarettes, assuming the smoker follows all health and safety regulations.
Do smokers have the right to smoke
THERE IS NO FUNDAMENTAL RIGHT TO SMOKE
The U.S. Supreme Court has held that —only personal rights that can be deemed ”fundamental' or ”implicit in the concept of ordered liberty' are included in the guarantee of personal liberty.
What is the non smoking rule
The legislation means that smoking is not allowed in 'enclosed' or 'substantially enclosed' public places, including workplaces. 'No Smoking' signs are required to be displayed in smoke-free premises and vehicles, and the law is enforced by Local Authorities.
Can you smoke outside in Indiana
About the Indiana Smoke-Free Air Law:
Smoking is prohibited in the following places: Most places of employment. Most public places. Restaurants.
Can I use a smoker in my backyard
A good rule of thumb is to place your grill or smoker at least 10 feet away from your home's exterior. If your grill or smoker is any closer, it could damage your home's siding. Assuming your home has vinyl siding, for example, the heat from a charcoal- or wood-burning grill could melt the siding.
Is smoking an OSHA violation
OSHA does not regulate the matter, however, because a smoker's exposure is not work-related. OSHA only regulates work-related hazards. Work-related hazards are hazards employees experience because of the work performed or because of the workplace conditions.
Is smoking protected by the 9th Amendment
There is no such thing as a constitutional “right to smoke,” since the U.S. Constitution does not extend special protection to smokers. Smoking is not a specially protected liberty right under the Due Process Clause of the Constitution.
How close to a building can you smoke
20 feet
California Laws and Regulations Prohibiting Smoking:
This legislation prohibits smoking within 20 feet of main entrances, exits, and operable windows of all state, county, and city buildings, including University of California (UC), California State University (CSU) and California community college buildings.
What is the smoker’s Bill of Rights
In sum, smokers are not specially protected by the U.S. Constitution. A law that restricts smoking will not violate the federal Constitution so long as it is rationally related to a legitimate government goal.
What is the smoke-free air law in Indiana
Indiana's first statewide smoke-free air law went into effect July 1, 2012. Signed into law on March 19, 2012 by then Governor Mitch Daniels, this statewide smoke-free air policy prohibits smoking in most public places and many workplaces.
Can I use my smoker on my front porch
The smell of smoke could linger for a long time in your porch if it is enclosed. If not, it shouldn't be a problem. It would make sense to use a fan to blow the smoke outside if you go that route. I would be inclined to try it outside with some type of foil cover over the vent of your cooker.
Can you put a smoker in an outdoor kitchen
Having an outdoor kitchen with a built-in smoker takes your setup to the next level. Consider a built-in pellet grill or kamado smoker.
What is the smokers Bill of Rights
In the United States, smoker protection laws are state statutes that prevent employers from discriminating against employees for using tobacco products. Currently twenty-nine states and the District of Columbia have such laws.
How far do you have to stand from a door to smoke
California Laws and Regulations Prohibiting Smoking:
This legislation prohibits smoking within 20 feet of main entrances, exits, and operable windows of all state, county, and city buildings, including University of California (UC), California State University (CSU) and California community college buildings.
What is the danger zone for smoke
Because smoking uses low temperatures to cook food, the meat will take too long to thaw in the smoker, allowing it to linger in the "Danger Zone" (temperatures between 40 and 140 °F) where harmful bacteria can multiply.
Where is smoking allowed in Indiana
Smoking is permitted in the following establishments: a horse-racing facility, a riverboat, a facility with a gambling game license, a satellite-gaming facility, cigar bars, hookah bars, certain fraternal clubs, a retail-tobacco store, a bar or tavern meeting certain requirements, a cigar-manufacturing facility, a …
Can you keep a smoker outside
If you don't have an area to keep your smoker or grill sheltered and are expecting a good amount of snow, securing an additional tarp on it over the fitted cover is very helpful as well. This provides another layer of protection from moisture.
Can I leave my smoker outside
Keep Your Cooker Protected From The Elements
This might be obvious, but ideally, the best place to store your smoker or grill is under a covered patio or in a garage. As mentioned above, the moisture from rain or snow can wreak havoc on your cooker's sensitive metal parts, quickly causing rust and corrosion.
