Can companies discriminate against smokers?
Federal Law The federal government has passed laws protecting everyone from pregnant women to older workers from discrimination. Employers also cannot discriminate based on personal characteristics such as weight, marital status or disability. However, there is no federal law declaring smokers as a protected class.
How does smoke free workplace work in Ohio?
The smoke free workplace law does not prohibit smoking outdoors, and does not specify a distance from an entrance or exit that smoking can occur. However, smokers must stand far enough away from the door of a building that smoke does not enter the building. If smoke is entering the building a report…
Is it against the law to smoke in the workplace?
Even if there is not an applicable law, employers can have their own workplace smoking policies that prohibit smoking entirely or limit it to certain areas, like a break room, or outside area. While these laws have been challenged in court, they are generally upheld.
Is there a smoking ban in the state of Ohio?
Many of Ohio’s local health departments have partnered with the Ohio Department of Health to help provide enforcement of the law and rules, and have been designated to enforce the Smoking Ban in certain areas of Ohio. Click here or the list of Enforcement Designees in each county and city health District.
Is it legal to smoke in the workplace in Delaware?
No, employers in Delaware are not required by law to provide smoking areas in the workplace. If a smoking area is provided what are the requirements? Any designated smoking area in the workplace must have a sign stating Warning: Smoking Permitted with letters at least 1 inch in height.
Is it illegal to smoke in the workplace in Ohio?
Workplace smoking laws apply to any enclosed workplace. Exceptions include family owned and operated business in which all employees are related to the employer and the area is not open to the public, as long as the smoke will not migrate to nonsmoking areas. In Ohio, in what parts of the workplace is smoking prohibited?
Can you smoke outside in a smoke free workplace?
Outside: The smoke free workplace law does not regulate smoking outdoors unless smoke is entering a regulated area or smoking is occurring on an outdoor patio that does not meet the criteria to permit smoking.
When did the smoking ban go into effect in Ohio?
Ohio voters approved a smoking ban in November of 2006 which prohibits smoking in public places and places of employment. The ban provides a statewide minimum standard of protection from the health hazards associated with exposure to secondhand smoke. Enforcement of the ban by the Ohio Department of Health became effective May 3, 2007.
How to declare a no smoking area in Ohio?
The smoking law gives proprietors the right to declare a No Smoking area by posting a No Smoking sign in accordance with the law section 3794.06 of the Ohio Revised Code. The sign should define the No Smoking areas (e.g. within 25’ of a door or window) and provide a phone number to report violations (not the state enforcement line).