Drafting a (No) Smoking Policy

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

No workplace is complete without a no-smoking policy, yet the importance of this commitment is often overlooked or dismissed. At Genie AI, we understand that crafting a comprehensive ‘no smoking’ policy should be an integral part of any business’ framework. But why is it so important?

The Occupational Safety and Health Administration (OSHA) makes it clear that employers must provide “a place of employment free from recognised hazards that are causing or likely to cause death or serious physical harm” –not only to protect their employees from potential health risks such as asthma attacks, heart disease and lung cancer, but also to ensure they aren’t exposing them to secondhand smoke during breaks and lunches.

The legal implications of smoking in the workplace can also be severe; depending on the state employers may be held liable for any employee injury caused by secondhand smoke exposure, as well as property damage resulting from smoking in the workplace. Equally vital are the ethical considerations; non-smokers can experience anxiety at being exposed to secondhand fumes which can create a hostile work environment making it difficult for them to focus on their tasks. A well-crafted no-smoking policy is key in creating a safe, healthy –and economically viable– workspace.

Not only do rising healthcare costs come into play when considering the economic implications of having smokers on staff, but increasing ventilation and air cleaning systems may also become necessary investments if workplaces fail to adhere strictly enough.

When taken together these elements demonstrate why drafting a no-smoking policy needs thorough attention: not only does it show care for employee health and safety but adherence to legal requirements and ethical principles too –with real economic benefits for businesses who take it seriously. To support businesses looking for guidance in this area we have created an open source ‘legal template library’ offering millions of data points which teach our AI how best to draft high quality documents such as this one - all free of charge! Our step by step guide explains how you can access these templates today - with no Genie AI account required!

Definitions (feel free to skip)

Policy: A set of rules, regulations, or guidelines that dictate how an organization, business, or individual should behave.
Prohibited: Not allowed or not permitted.
Verbal warnings: A warning or reprimand given verbally, rather than in writing.
Disciplinary action: Action taken by an employer to address an employee’s misconduct or unsatisfactory performance.
Dismissal: The termination of a person’s work or position.
Compliance: Adherence to a set of rules, regulations, or standards.
Cessation: The action of stopping or discontinuing a behavior or activity.

Contents

• The purpose of the policy
• Identify what the policy covers
• Explain why the policy is important
• Who should be included in the policy
• Identify who is affected by the policy
• Specify who is responsible for upholding the policy
• Where the policy should be enforced
• Specify which areas the policy applies to
• Make sure the policy is enforced consistently
• What activities are prohibited by the policy
• Clearly outline what activities are not allowed
• Explain the consequences of violating the policy
• What consequences will result from violating the policy
• Specify the consequences of violating the policy
• Explain how violations will be addressed
• How the policy will be communicated and enforced
• Determine how the policy will be communicated to employees
• Explain how the policy will be enforced
• How the policy will be monitored and updated
• Establish a process for monitoring compliance with the policy
• Establish a process for updating the policy as needed
• How to respond to complaints about the policy
• Explain how complaints about the policy should be reported
• Describe the process of responding to complaints
• What resources are available for employees who need additional support
• Specify the resources available to employees who need additional support
• Explain how employees can access these resources
• How the policy should be reviewed and updated regularly
• Establish a process for regularly reviewing the policy
• Explain how the policy can be updated if needed

Get started

The purpose of the policy

• Brainstorm the reasons why you want to create a (No) Smoking Policy in your workplace
• Write down the overall goal of the policy
• Identify any laws that may apply to a (No) Smoking Policy in your workplace
• Once you have a clear goal and purpose for the policy, you can move on to the next step.

Identify what the policy covers

• Brainstorm and list out all of the areas and aspects a (No) Smoking Policy should cover
• Consider the scope of the policy and include any areas that need to be addressed
• Identify any relevant laws, regulations, and standards that must be incorporated into the policy
• Ensure the policy covers all areas related to smoking on the premises, including any outdoor areas
• Make sure the policy covers any relevant consequences for not complying with the policy
• Check that the policy covers any special considerations such as designated smoking areas or areas where smoking is strictly prohibited
• Once you have identified all the necessary components that should be included in the policy, you can move onto the next step.

Explain why the policy is important

• Explain the health benefits of having a non-smoking policy
• Point out the potential dangers that could occur with smoking on the premises
• Highlight the legal and insurance benefits of having a policy in place
• Describe the potential risks of not having a policy in place
• Stress the importance of having a policy that is consistently enforced

When you are done explaining why the policy is important, you can check this step off your list and move on to the next step.

Who should be included in the policy

• Identify all individuals and/or groups who should be included in the policy
• Consider who should be given permission to smoke, if applicable
• Determine which areas of the premises should be subject to the policy
• Research any applicable local, state, or federal regulations regarding smoking in the workplace
• Make sure to include all relevant parties in the policy, such as employees, customers, and visitors

Identify who is affected by the policy

• Research applicable laws, regulations, and other factors that will affect the policy
• Make a list of all relevant stakeholders who are affected by the policy, including employees, customers, and other members of the public
• Consider whether the policy should be applied to all locations or just certain ones
• Consider whether the policy applies to all employees or just certain ones

Once you have identified all relevant stakeholders who are affected by the policy, you can check this step off your list and move on to the next step.

Specify who is responsible for upholding the policy

• Identify the members of the organization that will be responsible for upholding the policy (i.e. management, supervisors, etc.).
• Determine how the policy will be enforced and who will be responsible for ensuring that it is implemented and followed.
• Assign a single point of contact to take charge of policy enforcement.
• When you have identified who is responsible for upholding the policy, you can check this off your list and move on to the next step.

Where the policy should be enforced

• Identify the areas where the policy should be enforced, such as inside the workplace, outside the workplace, in company vehicles, etc.
• Make a list of all the areas that should be included in the policy.
• Decide how the policy will be enforced in each area.
• When all areas have been included and the enforcement of the policy in each area has been determined, you can check this step off your list and move on to the next step.

Specify which areas the policy applies to

• Identify all areas in the office where smoking is prohibited
• Consider the availability of designated smoking areas
• Make note of any areas where smoking is restricted by local laws or regulations
• Specify the areas where the policy applies in the final document
• Seek legal counsel to ensure policy is compliant with all applicable laws and regulations
• Update policy regularly to ensure it remains compliant with ever-changing regulations

How you’ll know when you can check this off your list and move on to the next step:

• When all areas of the office have been identified and specified in the policy document
• When the policy has been reviewed by legal counsel for compliance with applicable laws and regulations
• When the policy has been updated to remain compliant with ever-changing regulations

Make sure the policy is enforced consistently

• Communicate the policy to all stakeholders and ensure they understand the policy and their roles in enforcing it.
• Make sure the policy is posted in areas where employees and visitors can easily read it.
• Implement an enforcement approach that is fair, consistent, and accountable.
• Put disciplinary measures in place for employees who violate the policy.
• Gather feedback on how the policy is being enforced and adjust it as needed.
• Make sure there is a process in place to address any complaints or violations.

How you’ll know when you can check this off your list and move on to the next step:

• You’ll know that this step is complete when you’ve communicated the policy to all stakeholders, posted it in visible areas, and implemented an enforcement approach that is fair, consistent, and accountable.

What activities are prohibited by the policy

• List the activities that are prohibited by the policy, including those related to smoking, vaping, and the use of tobacco products.
• Make sure to include any activities that are related to smoking or the use of tobacco in any form, such as lighting up cigarettes and cigars, using electronic cigarettes or other smoking devices, and chewing tobacco.
• Consider any other activities that could be related to smoking, such as selling tobacco products and providing ashtrays.
• Make sure that the policy covers all types of smoking, including indoor and outdoor smoking, as well as smoking in vehicles.

How you’ll know when you can check this off your list and move on to the next step:

• You will know that you have completed this step when you have listed all of the activities that are prohibited by the policy.
• Once you have done this, you can move on to the next step of clearly outlining what activities are not allowed.

Clearly outline what activities are not allowed

• Create a list of activities that are not allowed under the policy, such as smoking cigarettes, cigars, pipes, and other tobacco products, using e-cigarettes, using chewing tobacco, or using any other tobacco-related products
• Specify all locations where the policy applies, such as workplaces, company vehicles, company events, and any place where employees are expected to represent the company
• Clarify that the policy applies to customers, vendors, and other visitors, as well as employees
• Identify any exceptions to the policy, such as designated smoking areas, and make sure to clearly communicate these exceptions

You will know you can move on to the next step when you have created a comprehensive list of activities that are not allowed under the policy and specified all locations where the policy applies.

Explain the consequences of violating the policy

• Consider what appropriate disciplinary action should be taken if an employee fails to adhere to the policy.
• Make employees aware of the potential consequences of violating the policy, including disciplinary action, such as verbal warnings, written warnings, suspension or termination.
• Make sure that employees understand that any violations of the policy will be treated seriously and will not be tolerated.
• Once all consequences have been outlined, confirm that all employees have read and understood the policy.

Once all consequences have been outlined and all employees have read and understood the policy, you can check this step off your list and move on to the next step: ## What consequences will result from violating the policy.

What consequences will result from violating the policy

• Brainstorm potential consequences of violating the policy
• Ensure the consequences are clearly outlined and are in line with the policy
• Consider the severity of the violation when determining the severity of the consequence
• Write out the consequences in a list format
• Check the list against the policy to ensure they are in line with each other
• Once the consequences are determined, you can check this step off your list and move on to the next step.

Specify the consequences of violating the policy

• Establish a clear set of consequences for any individuals who violate the policy.
• These consequences may include suspension of privileges, disciplinary action, termination of employment, or other measures.
• Ensure that employees are aware of the consequences, and that they understand that violations of the policy will not be tolerated.
• Make sure that all consequences are consistent with company policy, and are in line with any applicable laws.

Once you have established the consequences of violating the policy, you can check this off your list and move on to the next step.

Explain how violations will be addressed

• Outline the disciplinary actions that will be taken for employees who violate the (No) Smoking Policy.
• Detail the steps of the disciplinary process, including warnings and other corrective measures.
• Ensure that the policy is consistent with other relevant policies, collective agreements, and legal requirements.
• Document disciplinary proceedings in writing.
• Once you have completed this step, you will be ready to move on to the next step: How the policy will be communicated and enforced.

How the policy will be communicated and enforced

• Draft a plan for how the policy will be communicated to employees, including all relevant details.
• Identify how and when employees will be informed of the policy, such as in an employee handbook, during onboarding, or at a staff meeting.
• Establish a timeline for when the policy will be communicated.
• Decide on how the policy will be communicated to any contractors or visitors to the workplace.
• List out the methods for communicating the policy, such as posters, emails, or intranet postings.
• Once the plan has been created, review it with upper management for approval.
• After the plan has been approved, implement the communication plan.
• When the policy has been successfully communicated to all employees, check off this step and move on to the next step.

Determine how the policy will be communicated to employees

• Choose a method of communication that is appropriate and will reach all employees (e.g. email, bulletin board, etc.)
• Draft the policy in a language that is easy to understand for all employees
• Choose a time for the policy to be communicated (e.g. during staff meetings, etc.)
• Determine if the policy needs to be translated and if so, into which language(s)
• Check that the policy has been properly communicated to all employees
• How you’ll know when you can check this off your list and move on to the next step: Once the policy has been communicated to all employees, you can move on to the next step.

Explain how the policy will be enforced

• Develop a system to monitor compliance with the policy
• Outline any disciplinary actions that will be taken for policy violations
• Include a process for employees to appeal any disciplinary action taken
• List any rewards or incentives that will be offered for following the policy
• Make sure that all employees understand the consequences of not following the policy
• When you have a system in place, you can check this step off your list and move on to the next step: How the policy will be monitored and updated.

How the policy will be monitored and updated

• Develop a plan to review the policy at least annually to ensure it is still up-to-date and effective
• Assign a designated staff member to oversee the review process
• Consult with stakeholders as part of the review process
• Develop a procedure for updating the policy as needed
• Put in place a system for tracking and recording feedback on the policy

When you have completed these steps, you can move on to the next step: Establish a process for monitoring compliance with the policy.

Establish a process for monitoring compliance with the policy

• Determine who will be responsible for monitoring compliance with the policy
• Decide how often the policy will be monitored
• Choose the most effective methods for monitoring compliance (e.g. surveys, interviews, reports, etc.)
• Set up a system to document and track instances of non-compliance
• Develop consequences for non-compliance
• When all of the above is complete, you can move on to the next step: Establish a process for updating the policy as needed.

Establish a process for updating the policy as needed

• Create an internal committee to review the policy and make recommendations on any changes
• Set a timeline for when the policy should be reviewed
• Update the policy with input from the committee and other stakeholders
• Inform staff when the policy is updated
• Check off this step when the process for updating the policy is established and communicated to staff.

How to respond to complaints about the policy

• Establish a process for responding to complaints about the policy, and make sure employees understand it.
• Ensure the process allows for employees to appeal the response to a complaint if they feel it was inadequate.
• Document all complaints and the response to each one.
• When you have established a process and documented the response to each complaint, you can check this step off your list and move on to the next step.

Explain how complaints about the policy should be reported

• Outline the complaint procedure to ensure that any complaints about the policy are reported in an effective and timely manner.
• Provide contact information of the person or department responsible for addressing the complaint.
• Review the policy regularly and update the contact information as needed.
• When the complaint procedure has been outlined, the step can be checked off the list and you can move on to the next step.

Describe the process of responding to complaints

• Develop a system for responding to complaints about the policy
• Outline the procedure for responding to complaints, including who will respond to the complaint, and the timeline for responding
• Notify the complainant of the process and timeline for responding to their complaint
• Collect any relevant documentation to help investigate the complaint
• Investigate the complaint and take appropriate action
• Provide the complainant with a response to the complaint
• Document all steps taken to respond to the complaint

Once you have outlined the procedure for responding to complaints and the steps to take when responding, you will have completed this step and can move on to the next step.

What resources are available for employees who need additional support

• Contact the local health department in your area for resources such as smoking cessation classes, support groups, and counseling
• Consult with your insurance provider to see if smoking cessation treatment is covered
• Speak with an Employee Assistance Program (EAP) representative to see what services they provide
• Research local organizations or government agencies that offer free or low-cost smoking cessation resources
• When you have gathered the necessary resources, make them available to employees who need additional support

You can check this off your list and move on to the next step once you have gathered the necessary resources and made them available to employees who need additional support.

Specify the resources available to employees who need additional support

• List all available resources such as smoking cessation programs, counseling, and support groups
• If applicable, explain how to access each resource (e.g. cost, contact information, etc.)
• Make sure to include specific details, such as whether or not the resources are available to all employees
• Ensure that the resources are easily accessible to employees
• Confirm that the resources comply with local laws and regulations

How you’ll know when you can check this off your list and move on to the next step:

• When you have listed all available resources and provided specific details on how to access them
• When you have ensured that the resources are easily accessible to employees
• When you have confirmed that the resources comply with local laws and regulations

Explain how employees can access these resources

• Provide employees with a copy of the policy in a readable format.
• Make sure employees have the option to receive a physical copy of the policy if requested.
• Ensure that the policy is available online, in the employee portal, or via email.
• Make sure employees have a way to ask questions about the policy, either in person or online.
• Make sure employees are aware of the policy and have access to it.

When you can check this off your list:

• When all employees have been provided with a copy of the policy in a readable format.
• When all employees have the option to receive a physical copy of the policy if requested.
• When the policy is available online, in the employee portal, or via email.
• When employees have a way to ask questions about the policy, either in person or online.
• When all employees are aware of the policy and have access to it.

How the policy should be reviewed and updated regularly

• Establish a timeline for regularly reviewing and updating the policy, with specific dates set.
• Assign responsibility for policy review and updates to a team or individual, such as the Human Resources department.
• Develop a process for reviewing and updating the policy, such as a survey or feedback system.
• Incorporate the policy into employee education and training programs.
• Publish updated versions of the policy in a visible location where employees can access them, such as a company website or intranet.

You’ll know when you can check this step off your list and move on to the next step when:

• A timeline for policy review and updates is established.
• Responsibility for policy review and updates has been assigned.
• A process for policy review and updates has been developed.
• The policy has been incorporated into employee education and training programs.
• Updated versions of the policy are published in a visible location.

Establish a process for regularly reviewing the policy

• Create a schedule for when the policy should be reviewed.
• Decide who should be responsible for ensuring the policy is reviewed and updated.
• Establish a process for gathering feedback on the policy from employees or other stakeholders.
• Set an agenda for the review meeting and determine who should attend.
• Agree on a date for the policy review and make sure the relevant stakeholders are informed.
• When the process has been established, check it off the list and move on to the next step.

Explain how the policy can be updated if needed

• Designate a team to review the policy periodically, such as once a year.
• Establish a process for members of the team to suggest changes or updates to the policy.
• Develop a timeline to review and approve any proposed changes or updates.
• Decide how the policy will be communicated to employees and any other stakeholders.
• Once all changes or updates have been approved and communicated, the policy can be considered finalized.
• Check off this step and move on to the next step.

FAQ:

Q: How up-to-date are the UK laws regarding smoking policies?

Asked by Lowen on March 13th, 2022
A: UK laws regarding smoking policies are constantly changing, so it is important to stay up-to-date. The current laws in the UK can be found on the government website. You can also contact your local council for more specific information. Additionally, many employers are now creating their own smoking policies, so it is important to consider those as well.

Q: How do I draft a ‘No Smoking’ policy for my SaaS company?

Asked by Leilani on April 14th, 2022
A: Creating a ‘No Smoking’ policy for your SaaS company can be tricky. It is important to consider the particular needs of your business model and sector when drafting such a policy. For example, you may need to consider how you will handle employees who smoke outside of the office or who use e-cigarettes in the office. Additionally, you will need to outline what type of punishment or penalty may be applied if the policy is broken.

Q: What advice would you have for someone looking to draft a ‘No Smoking’ policy for an EU company?

Asked by Ford on May 2nd, 2022
A: When drafting a ‘No Smoking’ policy for an EU company, it is important to keep in mind that EU laws and regulations may vary from country to country. Therefore, it is important to ensure that your policy is compliant with the relevant laws and regulations in each EU country that your business operates in. Additionally, it is important to consider how you will handle employees who smoke outside of the office or who use e-cigarettes in the office.

Q: Are there any particular US laws that I should be aware of when drafting a ‘No Smoking’ policy?

Asked by Thalia on June 15th, 2022
A: US laws regarding smoking policies vary from state to state. Therefore, it is important to do research into the particular state laws which your business operates in before drafting a ‘No Smoking’ policy. Additionally, many employers are now creating their own smoking policies, so it is important to consider those as well.

Q: What other types of policies should I consider when creating a comprehensive workplace policy?

Asked by Chase on July 7th, 2022
A: When creating a comprehensive workplace policy, it is important to consider other types of policies such as anti-discrimination and harassment policies, social media policies and health and safety policies. Additionally, many employers are now creating their own policies regarding flexible working arrangements and dress codes as well. It is important to ensure that all workplace policies are compliant with relevant laws and regulations in each country that your business operates in.

Example dispute

Suing Companies for Violating Smoking Policy

• The plaintiff may raise a lawsuit if the company has violated state smoking laws or their own policies.
• The plaintiff could cite relevant civil laws, regulations, and the company’s smoking policy in their lawsuit.
• To win, the plaintiff must show that the company’s actions caused them damages, such as economic losses or health issues due to secondhand smoke.
• The plaintiff may seek damages for medical costs, lost wages, or any other damages resulting from the violation.
• Settlement may be reached through negotiation between the parties, or through a court order.
• If damages are awarded, they may be calculated through an estimation of the economic impact of the policy violation.

Templates available (free to use)

Smoke Free Workplace Policy
Smoke Free Workplace Policy California
Smoke Free Workplace Policy Colorado
Smoke Free Workplace Policy Florida
Smoke Free Workplace Policy Georgia
Smoke Free Workplace Policy Illinois
Smoke Free Workplace Policy Louisiana
Smoke Free Workplace Policy Massachusetts
Smoke Free Workplace Policy Minnesota
Smoke Free Workplace Policy Missouri
Smoke Free Workplace Policy New Jersey
Smoke Free Workplace Policy New York
Smoke Free Workplace Policy Ohio
Smoke Free Workplace Policy Pennsylvania
Smoke Free Workplace Policy Tennessee
Smoke Free Workplace Policy Texas
Workplace No Smoking Policy

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