We’ve all seen them (or maybe you are one
of them?)—smokers hunched over in the cold and rain outside
of office buildings, trying simultaneously to stay warm and dry
and keep their cigarettes lit. They’ve been forced to take
their habit outside, and many of them aren’t too happy about
it. Unsympathetic non-smoking workers may hold their breath and
cast disparaging glances as they try to enter the building, breaking
through the scrimmage line of smokers. Some workers may also resent
the amount of time smokers spend away from their jobs in order to
maintain their habit. Smoke-free workplaces are on the rise, and
human resources departments across the country are doing their best
to uphold local laws and employee rights while mediating tensions
between smokers and non-smokers.
According to the American Lung Association:
- 45 states restrict smoking in government workplaces; 24 states
have extended those restrictions to private sector workplaces.
- Nearly 70% of the U.S. workforce worked under a smoke-free
policy in 1999 but the percentage of workers protected varies
by state, ranging from a high of 89.3% in Utah to 48.7% in Nevada.
- Employers have a legal right to restrict smoking in the workplace,
or to implement a totally smoke-free workplace policy. (Exceptions
may arise in the case of collective bargaining agreements with
unions.)
- Environmental tobacco smoke is a known human carcinogen, responsible
for at least 3,000 lung cancer deaths each year as well as 35,000
cardiovascular deaths and the exacerbation of hundreds of thousands
of asthma cases and lower respiratory tract infections.
Here are some key guidelines to keep in mind when
establishing a workplace smoking policy, according to John E. Lyncheski,
chair of the Labor and Employment Group at Cohen & Grigsby,
P.C., a Pittsburgh-based law firm:
- Employers need to be proactive when it comes to smoking, to
avert potential conflicts before they arise.
- Smoking policies must be clearly communicated. This will establish
proper expectations regarding smoking at work and diminish the
chances of conflict.
- The language of the smoking policy should be specific. Short
statements that leave no room for interpretation work best: “No
smoking permitted in the office.”
- Make sure all employees, especially managers, are notified
of the policy. Put a copy in all-new employee packages.
- Make sure the policy is enforced consistently.
- Many health maintenance organizations (HMOs) offer smoking
cessation programs free of charge to their participants. If your
healthcare provider doesn’t offer such a program, consider
providing a free or low-cost program on site for your employees.
The local chapters of the American Cancer Society and American
Lung Association are two valuable resources.
- Engage in ongoing educational programs, through employee newsletters
or e-mails, about the health risks of smoking and the benefits
of quitting.
Remember, cigarette smoking is the #1 preventable
cause of death worldwide and is responsible for one in five deaths
in the United States. Today, roughly 25% of the adult U.S. population
(approximately 46.5 million adults) smokes. While the rights of
all employees must be respected, the three out of four workers who
are non-smokers deserve a workplace free from the health dangers
of second-hand smoke.
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