Implementing a Workplace Smoking Area Policy

Need help accommodating employees who smoke?
Designating a smoking area in your place of work is about more than being a nice employer. Compliance, liability, and employee productivity are all factors in need of consideration as well. Nearly half of employees report that their employer has a smoking policy in some capacity. But what most business owners fail to realize is…
Creating a poorly planned-out or communicated smoking area policy can cause legal liabilities, productivity issues, and unnecessary employee conflict. One that’s properly executed in a location that works for your business, however, can satisfy employees who smoke while allowing your place of work to operate as desired. Plus, offering tobacco smoking alternatives like select smokes to your employees allows business owners to better meet both ends.
What You’ll Learn:
- Workplace Smoking Laws: Know the Legality
- How to Pick the Best Place for a Smoking Area
- Safety Features: The Must-Haves
- How to Write an Effective Smoking Area Policy
- Smoke Breaks: Employee Relations & Expectations
Your Business Needs a Smoking Area Policy (Right Now)
Curious why it’s important for you to have a smoking policy in place?
One in 5 working adults use some form of tobacco in 2020-2021. This means if you have 10 employees, at least 2 of them likely smoke.
If you allow them to smoke in your place of business without a formal policy, though, you’re forced to deal with…
- Productivity losses – Employees who smoke cost employers anywhere from $900 to $1383 more than non-smokers
- Legal requirements – 82.1% of the U.S. population now lives in a jurisdiction with a workplace smoking ban
- Employee conflict – Between employees who smoke and employees who don’t
- Insurance issues – Smoking in workplaces complicates some insurance policies and can increase your costs
The exciting part?
Businesses that institute a formal smoking policy notice immediate positive changes. Insurance premiums alone for fire insurance drop by 25-30% when a smoke-free workplace with an outdoor smoking area is established.
Businesses want employees who are happy, productive, and healthy. Your company can be one of them.
Laws & Regulations: What Employers Should Know
Before you begin, it’s important to know what you’re legally required to do in your area. Failure to do so could result in legal liabilities for you and your company.
The Legalities of Smoking Areas in the Workplace:
Twenty-eight states and the District of Columbia have comprehensive smoking legislation that requires non-hospitality indoor workplaces to be completely smoke-free. This does not absolve you from having a smoking area policy of some type in your place of work, though.
Businesses typically must follow local requirements, which include:
- Indoor smoke-free bans in most cases
- 15-25 feet minimum distance from building entrances
- Signage to indicate no-smoking areas
- Employee notification of a smoking policy
Be sure to check with your local health or labor department for specific legalities.
Location, Location, Location: Where to Put a Smoking Area
Location is the most important aspect to consider when building a smoking area in your place of business.
The ideal smoking area:
- Is at least 25 feet from any entrance, exit, or window on a building
- Is away from outdoor employee dining or break areas
- Is easily accessible but not in a high pedestrian traffic area
- Has proper air circulation
The most common mistakes made when choosing a smoking area location include:
- Putting the smoking area too close to outdoor employee dining areas
- Establishing smoking areas in unventilated courtyards
- Putting them too close to the entrances of neighboring businesses
- Placing a smoking area within the main view of your customer-facing areas
Safety & Equipment: Items Every Smoking Area Needs
Safety must be considered in every step of creating a smoking area.
Safety equipment needed in a smoking area:
- Fire-safe receptacles – Wind-resistant ashtrays with tight-fitting lids
- Proper receptacles for the disposal of cigarette waste
- Clear signage indicating a designated smoking area
- Shelter from weather elements
- Lighting for night-time and early morning use
Remember that maintenance is required on a consistent basis for this equipment. Poorly-maintained smoking areas cause more problems than they fix.
Don’t be afraid to add extra features if desired or necessary. Things like non-slip flooring surfaces for when the weather is wet or unusable, trash receptacles separate from the ash disposal receptacles, and posting clear emergency contact information in the case of an accident are all popular.
Writing a Smoking Area Policy That Works
Your written policy document is the foundation for every other action required in this process.
What to cover in your policy:
- Locations of all designated smoking areas and their boundaries
- Areas where smoking is prohibited on the property
- Break time policies for taking smoking breaks
- Clean-up requirements and designated areas for smoking area waste receptacles
- Consequences for policy violation
- Procedures for accommodating both smokers and non-smokers
Language used should be clear and to the point. Legal language often confuses and frustrates employees.
Sample language: “Smoking is permitted only in the designated outdoor area located on the north side of the building. This area must be at least 25 feet from the main entrance.”
Employee Relations: Managing Costs and Benefits
Here’s the reality of the situation.
Smoking costs businesses $92 billion in productivity losses per year in the United States. A good smoking area policy can help recoup some of that money.
Benefits include:
- Reduced insurance premiums
- Reduced cleaning costs
- Improved employee satisfaction scores
- Improved compliance
Costs are typically minor if you get a little creative:
- Smoking receptacles: $50 to $200 each
- Signage: $25 to $100 each
- Installation/setup: $100 to $500
Compare these costs to those for failing to be compliant, employee disputes, or workplace accidents, and the ROI is easy to see.
Communication & Training: How to Implement Properly
Careful implementation is key to a successful policy.
Things to do:
- Announce the policy
- Provide maps and pictures
- Offer to connect
Don’t just post a memo and hope for the best. Hold brief employee meetings to explain the policy, answer questions, and ensure concerns are addressed.
Some questions employees might have and how to respond:
- “What if it rains/snows?” – Ensure your smoking areas are well-covered
- “Is this discrimination against smokers?” – Explain local legal requirements and the benefits to all employees’ health
- “What happens if I get caught smoking outside of the designated area?” – Enforce the policy firmly but kindly
Final Thoughts
Creating a workable smoking area in your place of business isn’t difficult, but it does require research, planning, and some forethought.
Key steps to success:
- Research your local legal requirements
- Provide proper equipment and maintenance
- Write a clear policy that can be enforced
- Announce it effectively to your employees
Businesses that get this right notice immediate effects. Reduced employee conflict, lower insurance premiums, and happier employees are all common.
Start today. Begin by researching your local requirements, then take a walk through your property to determine possible smoking area locations. A good policy can be in place within 30 days with a little planning.
Your employees (both those who smoke and those who don’t) will thank you for it.






