Smokers rights at work
Smoker Protection Laws in the Workplace. Because the law does not protect the right to smoke in the workplace, an employer may ban workplace smoking. However, many state laws do protect smokers from discrimination in the workplace. In some states, laws prohibit employers from banning employees from smoking outside of the workplace.Designated Smoking Areas. That said if a law limits smoking at work, it will often allow smoking in a designated area. In California, workplaces with five or more employees must prohibit smoking in enclosed work areas, but may provide a smoking breakroom as long as nonsmokers have enough breakrooms. Even when state laws regulate workplace smoking, smokers rights at work
Local laws regulating smoking at the city, county, or town level may require employers to have a policy on smoking in some areas. And even though its not required by law in Pennsylvania, employers are generally free to adopt policies on smoking in the workplace if they choose to.