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Smoke-Free Workplace Laws

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It is one thing to mandate that employees not smoke on premises. It is another thing to mandate that employees not smoke at all; is it legal for employer to mandate this? Is it discrimination? In short, yes. All over Springfield there are laws prohibiting employees from using tobacco products, not only cigarettes, my place of employment is one of them. According to the executive summary of Smoke-free Workplace Laws (2009) not only is it legal to enforce policies that promote a smoke-free work environment. Allowing smoking at work, if the effects are severe enough to threaten employee health, might constitute a violation of the Occupational Safety and Health Act. The argument here is that it provides an unsafe work environment for non-smokers …show more content…

A number of states have passed some sort of law protecting employees from employer discrimination based on legal off-duty conduct, and many of these laws explicitly protect the use of tobacco products (Garcia, 2008). Some health systems have justified this ban under non-profit status, Garicia (2008) explains, smoking is often contrary to the mission of the health system and as non-profit entities, their mission is the key to their success. The opponents of banning smokers for the workforce claim that it provides undue hardship in obtaining or retaining employment (Sulzberger, 2011). While the legal aspect may still be gray in some areas, I find the social aspect already determined. If I were running an HCO, my recommendations would be to follow the plan of no longer hiring smokers, and not allowing smoking on the premises of the hospital, but perhaps grandfathering in the people who already work for the organization. If the HCO were to enact a ban on smoking for all employees, they would certainly need to offer cessation programs free to all current smokers. Not doing so could result in major pushback for the organization. My last recommendation would be to emphasize that the policy is about the effects of smoking and tobacco use, and not the user. Sulzberger (2011) says that this an important aspect of implementing a tobacco ban, this strategy helps employees understand that it’s the not action of smoking but the negative effects it has on both the user and those around

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