Designing a smoking area in your workplace used to be as simple as placing an ashtray outside the door. These days, it’s a much more complex process.
With 28 states having 100% smokefree workplace laws already as of 2024, the rules have changed dramatically. Throwing in a growing body of evidence that workplace smoking policies affect everything from insurance rates to employee productivity…
The result? Confusion.
The majority of businesses don’t know what regulations they need to follow when it comes to smoking in the workplace. They know there are laws that have to be followed, but they’re not aware of exactly what that means in real terms.
This means either banning smoking outright or setting up smoking areas that don’t adhere to legal requirements. Both create problems and cost you money.
Employees will still smoke, whether they’re buying their cigarettes from native smokes for less or another high-end brand. You just need a legally-compliant smoking area that works for everyone.
And this is where we can help…
What you’ll discover:
- Up-to-date Federal and State Smoking Regulations
- Key Requirements for Compliant Smoking Areas
- Proven Best Practices to Protect Your Business
- How to Save Money on Your Smoking Area Project
- Common Mistakes That Lead to Violations
Current Landscape of Workplace Smoking Laws
Let’s set the scene first of all. Here’s the real state of play for workplace smoking laws in the US.
Ready for this?
1,443 municipalities across the US have 100% smokefree workplace laws as of October 2024. This means they cover all workplaces with employees and make smoking in the workplace illegal.
Shocking, right?
What makes this situation more complicated is the lack of comprehensive Federal legislation. OSHA (Occupational Safety and Health Administration) requires all businesses to ensure their workplaces are free of hazards, which covers most private sector employers.
Neither Federal, state, nor local government regulates tobacco smoke specifically for most workplaces. Compliance depends instead on:
- State governments – 28 states with smokefree workplace laws
- Local municipalities – Cities & Counties
- Individual employers – Can establish stricter policies
This patchwork approach means you have to understand the right rules for your location.
Why Workplace Smoking Policies Have Never Been More Important
Businesses have been battling with workplace smoking policies for decades. But did you know that the financial costs of smoking in the workplace is enormous?
For starters, smokers take an average of 31% more sick leave than non-smokers. That’s a direct hit to your profit.
Oh, but it doesn’t stop there…
The True Cost
Did you know that businesses that implement smoke-free policies see 25-30% reductions in fire insurance costs? Because cigarette fires cause property damage that insurance companies use to calculate risk assessments.
Don’t even get us started on the health impact. Approximately 41,000 deaths each year in the US are caused by secondhand smoke exposure.
Add in that 20% of non-smokers reported experiencing secondhand smoke exposure weekly or more often in 2022 in workplaces that allow smoking. It’s an accident waiting to happen.
Liability you don’t want hanging over your business.
Key Requirements for Compliant Smoking Areas
So you want to know what a legally-compliant smoking area looks like in practice? Depending on where you’re based, there are some common threads…
Distance Matters
Pretty much every jurisdiction has some variation on the following distance requirements for smoking areas:
- Building entrances – 15-25 feet is a common minimum
- Air intake vents – 25 feet is a common minimum
- Windows that open – Distance will vary by location
- Pedestrian walkways – To protect foot traffic
Federal buildings tend to be the strictest. No smoking within 25 feet of doorways, air intake ducts.
Ventilation and Separation Standards
If your state still allows indoor smoking areas (possible, but increasingly rare), there are some basic rules they must follow.
Indoor smoking areas must be:
- Properly ventilated to meet air exchange requirements
- Physically separated from non-smoking areas
- Clearly marked with proper signage
Despite these rules, most recommend going without indoor smoking areas completely. Ventilation requirements are both expensive and the liability is just too great.
Signage Requirements
The right signage is not optional. Pretty much every jurisdiction now requires some combination of:
- “No Smoking” signs at building entrances
- Designated smoking area signs/markers
- Signs that meet specific size & language requirements
Failure to post the correct signage will net you fines in the $70,000 range in some states like California, for willful violations.
Best Practices That Keep You Protected
But how can you create a smoking area that everyone can agree on?
Successful businesses follow some common sense steps…
Choosing the Right Location
The best smoking areas are usually:
- Downwind of main entrances to prevent smoke from drifting back
- Away from customer-facing areas to maintain a professional appearance
- Conveniently located to minimize employee time away from work
- Protected from the weather to demonstrate employee consideration
Installing a prefabricated smoking shelter is a great choice in most locations. They’re quick to install, protect from the weather, and come with features like trash receptacles and LED lighting.
Creating a Clear Policy
Your smoking policy should address:
- Designated smoking times to avoid excessive use
- Clean-up responsibilities for a professional appearance
- Visitor guidelines in case of non-employees smoking
- Enforcement policies when someone doesn’t follow rules
Document everything. Written policies protect you legally and help to make enforcement consistent.
Maintenance is Key
A well-maintained smoking area sets the right tone. Enforce a schedule of:
- Daily trash removal
- Weekly deep cleaning
- Monthly safety inspections
- Quarterly policy reviews to keep up with any rule changes
Costly Mistakes That Can Break the Bank
We’ve seen it all, trust us. Avoid these costly mistakes that trip up most business owners.
Thinking There’s a One-Size-Fits-All Solution
Rules and best practices in Texas may not apply in California. Make sure you understand local laws before setting up a smoking policy.
Overlooking Air Quality Issues
Even outdoor smoking areas can become air quality problems if placed too close to work areas. Location is critical, so consider prevailing wind patterns.
Inadequate Employee Training
Staff must know and enforce smoking policies correctly. Provide regular training to avoid small issues becoming larger problems.
Poor Documentation
Document all distribution of policies, training completion, maintenance activities, and any violations. Good record-keeping is your best defense against compliance problems.
Cost Saving Strategies That Work
Smart businesses know how to meet regulations without going broke in the process…
Start with a Phased Implementation Plan
Don’t bite off more than you can chew. Begin with the most important requirements, then improve over time.
Partner with a Specialist
Consult with your smoking shelter manufacturer. They’ll provide design consultation and installation services and their expertise will save time and headaches later on.
Look for Tax Benefits
Some safety improvements to the workplace may qualify for tax deductions or credits. Ask your accountant about possible savings.
Staying Ahead of Changing Regulations
Regulations are constantly changing. You can stay in the know by:
- Monitoring local government websites for regulation updates
- Joining local industry associations
- Consulting legal counsel for major regulatory changes
- Reviewing your smoking policy and practices annually
Wrapping Up: Designing Your Smoking Area
There you have it. Setting up a smoking area in the workplace isn’t as simple as it used to be. But armed with the right information, you can design a compliant area that protects everyone involved.
Key takeaways?
- Distance, signage, and maintenance aren’t optional. They’re critical to a well-run business that protects smoking and non-smoking employees alike.
- Start with some local research into the requirements, then plan a smoking area that exceeds minimum standards.
The investment you put into doing things right from the start will save you money and trouble later on. Remember, workplace smoking policies are about more than just legal compliance. They’re about creating a workplace where all employees feel safe and welcome.
Get it right, and everyone wins.
