Is it legal to have a smoking break room?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal to have a smoking break room?
I work in a restaurant that has a smoking break room and I am a non-smoker with severe asthma problems. I try to stay away from the break room as much as possible but that is where our lockers and restrooms are located. In the past 2 months I have been hospitalized twice for my asthma and the number 1 trigger for my asthma is smoke. I am very good about keeping myself away from things that affect my asthma but at work I feel as though have no choice. Is this legal?
Asked on December 28, 2010 under Employment Labor Law, Missouri
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Many states have regulations that allow an employer to designate a "smoking room" for use by their employees. Some states - like California I believe - have you apply for a permit in order to do so. So I am thinking that maybe your state allows it as well. But I do think that the rights of the smokers have to be balanced against your rights as a non-smoker and that you have a right to have access to your locker and the restroom without fear of setting off your asthma. So I would call the Department of Labor and speak with someone as to the matter. Maybe even your state Attorney General's Office. Good luck to you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.