Smoking Policy

Sample Employment Policy: Smoking Policy

> For review purposes only. This is a sample draft. Have qualified legal counsel review and adapt it before use.

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Purpose

This policy exists to provide a safe, healthy, and comfortable work environment for all employees, visitors, and customers by establishing clear rules about smoking and tobacco use on company premises.

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Scope

This policy applies to:

• All employees (full-time, part-time, temporary, and contract workers)
• Visitors, vendors, and contractors while on company property
• All company-owned, leased, or operated facilities, vehicles, and outdoor spaces

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Policy

What is covered:

• "Smoking" includes cigarettes, cigars, pipes, e-cigarettes, vaping devices, and any other combustible or electronic tobacco or nicotine delivery product
• "Tobacco use" also includes chewing tobacco and other smokeless tobacco products

Prohibited areas:

• Inside all company buildings, including offices, restrooms, stairwells, hallways, and common areas
• Company-owned or leased vehicles
• Within 25 feet of any building entrance, exit, window, or air intake vent
• Any outdoor space not designated as a smoking area

Permitted areas:

• Designated smoking areas only, where provided and clearly marked
• Employees must fully extinguish and properly dispose of smoking materials before re-entering any building

General rules:

• Smoking breaks do not replace or extend regular scheduled breaks or meal periods
• Employees must wash hands before returning to food-handling or client-facing duties
• Litter from smoking materials (cigarette butts, packaging) must be disposed of in provided receptacles only
• Employees may not smoke in a way that creates a hazard, nuisance, or health risk for others

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Procedure

Designated smoking areas:

• Facilities managers designate, mark, and maintain approved smoking areas
• Employees who are unsure whether a specific outdoor area is approved should ask their manager or HR before smoking there

Smoking breaks:

• Employees may use regular scheduled breaks for smoking in a designated area
• Additional time away from work for smoking is unpaid and requires prior supervisor approval
• Repeated unapproved absences from work for smoking breaks will be addressed under the standard attendance policy

Smoking cessation support:

• Employees who want to quit smoking may contact HR to learn about any available support through the company's health plan, Employee Assistance Program (EAP), or wellness programs

Violations:

• First violation: verbal or written reminder of the policy
• Second violation: written warning placed in the employee's file
• Third or subsequent violations: progressive disciplinary action, up to and including termination
• A single serious or willful violation (e.g., smoking near fuel, oxygen, or other hazardous materials) may result in immediate termination

Complaints:

• Any employee who experiences a violation or feels the policy is not being enforced should report it to their manager or HR
• Complaints will be investigated promptly and confidentially to the extent possible
• Retaliation against anyone who reports a good-faith complaint is prohibited

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Questions

Contact Human Resources with any questions about this policy, designated smoking areas, or available cessation resources.

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Review note

• E-cigarettes and vaping: Regulatory treatment of vaping devices is actively evolving at federal, state, and local levels — confirm your jurisdiction's current classification before finalizing
• State and local smoking bans: Many states and municipalities have stricter clean indoor air or smoke-free workplace laws that may require adjustments (e.g., required distance from entrances, mandatory cessation benefits, or broader coverage of outdoor spaces)
• Cannabis/marijuana: If your workforce operates in a state where cannabis is legal, a separate cannabis-at-work policy is strongly recommended; some states now limit employers' ability to discipline employees for off-duty legal cannabis use
• ADA/disability intersections: Nicotine dependence is generally not a protected disability under federal law, but state law may differ — review before applying discipline