sample policies

30 BUSINESS MANAGEMENT DAILY
carefully as it may not apply to your company. In some states the prohibitions don’t
apply to certain organizations, such as religious entities, private employers and
organizations whose primary purpose is to discourage the use of tobacco products.
However, you may be able to adopt a policy of hiring only nonsmokers in
states that don’t specifically prohibit discrimination against smokers. Reason:
The U.S. Supreme Court gave tacit approval to a “nonsmokers-only” policy when it
refused to review a ruling of the Florida Supreme Court upholding such a policy. The
case: North Miami Beach adopted a policy of requiring everyone seeking a job with
the city to sign an affidavit stating they had not used tobacco products for one year. The
city justified its policy by proving that smokers are more expensive employees.
Policy Considerations and Alternatives
You’ll want to spell out specifically where and when (if at all) employees may smoke
on your premises. Base your policy on your major goals and concerns:
Do any state or local ordinances mandate a smoke-free workplace or require you
to provide smoke-free work areas for employees who request them Then ban or
restrict smoking accordingly. Your state or local health department can fill you in on the
laws applicable to your business.
Are you primarily looking to cut absenteeism and health care costs Then a ban on
smoking will probably serve you best.
Do you simply want to make both smokers and nonsmokers comfortable to foster
workplace harmony Then restrict smoking to areas where nonsmokers aren’t
exposed to it, such as private, enclosed offices or enclosed smoking areas with separate
ventilation systems.
Can your physical plant (walls, ventilation system and so on) be adapted to
protect nonsmokers from secondhand smoke if you allow smoking on your
premises If not, your only choice may be to ban smoking.
The best smoking policy for your organization will depend on state and local
ordinances, the nature of your business, the proportion of smokers in your organization
and your personal sentiments. But given the bottom-line issues and ever-growing
legislation, this is one area in which you definitely need a policy.
SAMPLE POLICIES
“We are a nonsmoking shop and office. If anyone needs to have a cigarette, they may
go out to the street as long as it doesn’t interfere with work.”
—A small manufacturer