Alex Denne
Growth @ Genie AI | Introduction to Contracts @ UCL Faculty of Laws | Serial Founder

What do Modern Smoke Free Workplace Policies Include?

23 Mar 2023
19 min
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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

The adoption of smoke-free workplace policies is crucial in protecting the health and safety of all employees. Not only do they help keep the air clean and healthy, they can also create a more productive and positive work environment. Employers should be aware of why these policies are important, as well as how they can be properly implemented to benefit everyone involved.

Smoke-free workplace policies are paramount in protecting employee health. Exposure to second-hand smoke has been proven to lead to respiratory illnesses, among other ailments; by instituting such a policy, employers can ensure that their staff won’t have to endure such hazardous conditions.

Moreover, smoking has far-reaching financial implications which these policies combat - preventing the costly treatments for smoking-related diseases such as COPD and lung cancer. Furthermore, reducing absenteeism due to said issues further minimises cost for employers.
A smoke-free workplace policy also contributes positively towards an employee’s productivity and morale; it has been established that smoking can decrease focus and increase stress levels in many cases. By implementing this type of policy, employers can create an atmosphere conducive towards productivity while simultaneously lessening the risk of accidents due to impaired vision or judgement caused by smoking.
Finally, another key advantage is that it helps protect the reputation of businesses: with social media perpetually gaining influence within society today, companies which take appropriate steps towards safeguarding their workers’ wellbeing are often viewed favourably by all stakeholders - customers, investors etcetera - so having this kind of policy could prove invaluable when it comes to maintaining one’s reputation on such platforms.
In summary then: with its health benefits being obvious - particularly during a global pandemic where respiratory illnesses remain especially dangerous - as well as its capacity for improving job satisfaction while protecting businesses from financial losses (due directly or indirectly from smoking), there is much logic behind introducing a smoke free workplace policy into any organisation’s daily operations; The Genie AI team provides step-by step guidance on what modern regulations regarding this topic contain within our open source legal template library - accessible without needing an account – so why not read on below for more information about what Genie AI offers?

Definitions (feel free to skip)

Smoke Free Workplace Policy: A set of rules that prohibit smoking in the workplace, in order to improve the health and safety of the workplace, reduce employee absenteeism, lower insurance costs, and create a more productive environment.

Legislation: Laws made by a government body, such as federal, state, or local laws.

Exemptions/Exceptions: Circumstances in which the law does not apply.

Written Policy: An official document that outlines the rules and regulations of a smoke free workplace.

Communicate: To share information.

Train: To provide instruction and education.

Post: To display or publish.

Report: To provide a written or verbal account of something.

Process: A series of steps that must be followed in order to achieve a certain goal.

Provide: To make something available.

Monitor: To observe and check on a regular basis.

Contents

  • Understand the Benefits of a Smoke Free Workplace
  • Research and Understand Smoke Free Workplace Legislation
  • Create a Smoke Free Workplace Policy
  • Communicate the Smoke Free Workplace Policy to Employees
  • Train Managers and Supervisors on the Smoke Free Workplace Policy
  • Post Notices and Signage Regarding the Smoke Free Workplace Policy
  • Establish a Process for Reporting Violations of the Smoke Free Workplace Policy
  • Develop a Process for Addressing Violations of the Smoke Free Workplace Policy
  • Provide Resources for Employers and Employees Regarding Smoke Free Workplace Policies
  • Monitor Compliance with the Smoke Free Workplace Policy

Get started

Understand the Benefits of a Smoke Free Workplace

  • Learn about the potential health benefits, including reduced health problems related to secondhand smoke exposure and improved overall health for staff and customers
  • Research and read up on the impact of smoke-free workplace policies, such as decreased fire hazards, reduced maintenance costs, and improved air quality
  • Understand the financial implications of implementing a smoke-free policy, such as fewer sick days, lower insurance costs, and reduced turnover
  • Reflect on how a smoke-free policy might affect employee morale and company culture

You’ll know you’ve completed this step when you feel confident that you understand the potential benefits of a smoke-free workplace policy.

Research and Understand Smoke Free Workplace Legislation

  • Review applicable local laws and regulations related to smoke-free workplace policies
  • Identify any specific requirements or restrictions outlined in the legislation
  • Research best practices for implementing smoke-free workplace policies
  • Understand the implications of violating the legislation and any potential fines or penalties
  • Check off this step when you have a comprehensive understanding of the applicable smoke-free workplace legislation and any associated requirements or restrictions.

Create a Smoke Free Workplace Policy

  • Gather all relevant stakeholders and create a working group to develop the policy
  • Outline the policy, detailing where and when smoking is prohibited, as well as any other relevant restrictions
  • Draft the policy and have it reviewed by the legal team to ensure it is compliant with local, state and federal laws
  • Ensure that your policy includes any necessary exemptions and accommodations
  • Finalize the policy and have it approved by the appropriate parties
  • Make the policy available to all staff and ensure they understand it

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

  • Once the policy has been drafted, reviewed, finalized and approved by the appropriate parties, and is available to all staff with an understanding of it, you can move on to the next step.

Communicate the Smoke Free Workplace Policy to Employees

  • Develop a communication plan to inform employees about the new Smoke Free Workplace Policy
  • Distribute the policy to all current employees in hard copy and/or soft copy format
  • Post the policy in prominent locations around the workplace
  • Include a copy of the policy in the employee handbook
  • Provide employees with a timeline for when the policy will be enforced
  • Host a meeting to discuss the policy and answer any questions
  • Update the employee handbook with the Smoke Free Workplace Policy
  • Provide regular reminders about the policy

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

  • All employees have been notified of the policy and understand what is expected of them
  • All necessary documents have been updated to reflect the new policy
  • Meetings and training sessions have been conducted to ensure full understanding of the policy
  • Regular reminders have been provided to ensure employees remain compliant with the policy

Train Managers and Supervisors on the Smoke Free Workplace Policy

  • Ensure that all managers and supervisors understand the Smoke Free Workplace Policy.
  • Provide managers and supervisors with a copy of the policy, as well as any relevant documents or state and local laws.
  • Schedule a training session for managers and supervisors to review the policy and ask any questions.
  • Confirm that managers and supervisors understand the consequences of violating the Smoke Free Workplace Policy.

Once the training session has been completed and all managers and supervisors have a clear understanding of the Smoke Free Workplace Policy, you can check this step off your list and move on to the next step.

Post Notices and Signage Regarding the Smoke Free Workplace Policy

  • Place a notice about the smoke-free workplace policy in a prominent area in the workplace, such as the breakroom.
  • Print and display signs about the smoke-free workplace policy in areas where smoking is prohibited, such as entrances and exits.
  • Ensure that all notices and signs are clearly visible to employees and visitors.
  • Check to ensure that all notices and signs are up to date and in good condition.

You will know that you can check this off your list and move on to the next step when you have placed notices and signs in prominent areas throughout the workplace, ensured they are visible to employees and visitors, and checked that they are up to date and in good condition.

Establish a Process for Reporting Violations of the Smoke Free Workplace Policy

  • Create an anonymous reporting system for employees and visitors to report violations of the smoke-free workplace policy.
  • Encourage employees and visitors to report violations in a timely manner.
  • Develop and communicate a clear process for how violations will be reported and addressed.
  • Once the reporting process has been established and communicated to employees and visitors, you will know you can check this off your list and move on to the next step.

Develop a Process for Addressing Violations of the Smoke Free Workplace Policy

  • Establish a clear process for addressing violations of the Smoke Free Workplace Policy.
  • Decide on a course of action for employees who violate the Smoke Free Workplace Policy, such as verbal warnings, written warnings, or other disciplinary measures.
  • Make sure all employees are aware of the consequences of violating the Smoke Free Workplace Policy.
  • Establish a consistent standard of enforcement for all employees.
  • Make sure all disciplinary measures are documented in a written record.
  • Make sure the process for addressing violations of the Smoke Free Workplace Policy is clearly communicated to all employees.

You can check this off your list and move on to the next step when you have established a process for addressing violations of the Smoke Free Workplace Policy that is clearly communicated to all employees.

Provide Resources for Employers and Employees Regarding Smoke Free Workplace Policies

  • Research and compile resources regarding smoke free workplace policies that can be used to educate employers and employees.
  • Develop and distribute educational materials, such as flyers, posters, and videos, to inform employers and employees about the smoke free workplace policy.
  • Create a website or online portal with resources about smoke free workplace policies for easy reference.
  • Hold informational meetings or webinars to discuss the smoke free workplace policy.
  • When all resources have been compiled, distributed, and made available, this step is complete.

Monitor Compliance with the Smoke Free Workplace Policy

  • Establish a system for monitoring compliance with your smoke free workplace policy, such as having designated staff members responsible for monitoring and enforcing the policy.
  • Encourage employees to report any violations of the policy.
  • If a violation is reported, investigate and respond appropriately.
  • Make sure all staff members who violate the smoke free workplace policy are aware of the consequences.
  • Track and document compliance with the policy.
  • When you can see that the policy is being followed and enforced, you can check this off your list and move on to the next step.

FAQ:

Q: What about the differences in workplace policies for UK, USA, and EU jurisdictions?

Asked by Mark on May 13th 2022.
A: Workplace policies for smoke-free environments in the UK, USA, and EU jurisdictions have similarities but also have some differences. In the UK, for example, the Health Act 2006 requires all enclosed workplaces to be smoke-free. This includes pubs, restaurants and office buildings. In the USA, individual states have their own laws on this matter, with some states having a more stringent approach than others. The EU’s Tobacco Products Directive requires all Member States to have legislation in place to protect workers from second-hand smoke in enclosed workplaces. Each jurisdiction also has their own specific regulations and laws that employers must adhere to, so it is important to research your particular area before introducing a smoke-free policy.

Q: Are there any additional requirements I need to consider when introducing a smoke-free workplace policy?

Asked by Joe on August 17th 2022.
A: Yes, there are certain additional requirements you should consider when introducing a smoke-free workplace policy. You should ensure that you are compliant with all applicable local laws and regulations that apply to your particular industry and sector. You should also consider introducing other measures such as providing additional support for employees who are looking to quit smoking and providing designated smoking areas separate from the workplace itself. Additionally, you should ensure that any policy you introduce is communicated clearly to all employees, so they understand their responsibilities and the consequences of not following the policy.

Q: What kind of support is available to employers who want to introduce a smoke-free workplace policy?

Asked by Mary on November 28th 2022.
A: There are many sources of support available for employers looking to introduce a smoke-free workplace policy. Government websites usually provide up-to-date information on local laws and regulations pertaining to smoke-free policies in workplaces. There are also non-profit organizations who offer advice and guidance on the implementation of such policies, as well as providing educational materials on the health risks associated with smoking and second-hand smoke exposure. Additionally, many employers have access to free resources such as webinars and online courses which will help them understand the legal requirements for implementing a smoke-free workplace policy and provide tips on how best to communicate it to their staff members.

Example dispute

Suing a Company for Violating Smoke Free Workplace Policy:

  • A plaintiff can bring a lawsuit against an employer for violating a smoke free workplace policy if the employer fails to create an environment free from secondhand smoke.
  • The plaintiff must establish that the employer had a duty to provide a smoke free workplace and that the employer breached this duty by allowing smoking in the workplace.
  • The plaintiff may be able to recover damages for physical, emotional, and financial harm suffered due to the employer’s failure to provide a smoke free workplace.
  • The plaintiff may also be able to recover punitive damages if it can be proven that the employer acted recklessly or with willful disregard for the employee’s health and safety.
  • Settlement may be reached through negotiation or mediation. If the case goes to trial, the court may order the employer to pay damages, attorneys’ fees, and other legal costs.
  • The court may also order the employer to develop a written smoke free workplace policy and to provide training to employees on the policy.

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

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