Smoke-Free Workplace: US

This Smoke-Free Workplace policy sets clear expectations for keeping your workplace free from smoking and vaping in indoor spaces, vehicles, and other non-designated areas, and for using only legally permitted outdoor areas during scheduled breaks. Many states, counties, and cities regulate smoking and vaping in workplaces, and OSHA expects employers to maintain a safe work environment, so a consistent policy helps you prevent complaints and support a healthier employee experience.

The History Behind Smoke-Free Workplace Policies in US

Smoke-free workplace rules grew out of the same public health push that shaped many expectations around Drugs & Alcohol in the Workplace. The modern wave started in the '60s after the Surgeon General linked smoking to cancer and other serious disease. Employers then had to figure out how to deal with the secondhand smoke issue, as it traveled through offices, break rooms, and shared ventilation.

States and cities responded with indoor clean air laws that steadily expanded from government buildings and airplanes to restaurants, bars, and ordinary workplaces. Limited federal rules that apply in certain settings (for example, smoking bans on commercial flights and many federal facilities) also came about. OSHA never adopted a single comprehensive indoor smoking standard, but it has long treated secondhand smoke as a workplace health issue.

Courts also pushed employers toward clearer rules. In Shimp v. New Jersey Bell Telephone Co. (1976), a New Jersey court ordered an employer to protect an employee from secondhand smoke at work, and similar cases followed in other jurisdictions under negligence and disability theories. By the time vaping took off in the 2010s, many states and municipalities had already updated their clean indoor air laws to cover e-cigarettes, and most employers decided to treat smoking and vaping the same way to keep enforcement simple and consistent.

Which Law is the Smoke-Free Workplace Policy Meant to Comply With?

There's no general federal law that specifically requires a Smoke-Free Workplace policy for US-based employees. If you're a commercial airline, or a federal employer, you must comply with 49 U.S.C. § 41706 or Executive Order 13058–Protecting Federal Employees and the Public From Exposure to Tobacco Smoke in the Federal Workplace, respectively.

We include a general policy anyway because it's both a common best practice that answers employee FAQs and sets clear expectations, and it's a topic that's regulated in many states, so employers often use one company-wide policy that meets or exceeds the toughest state requirements.

How to Write a Smoke-Free Workplace Policy

• Start with "why" and introduce the concept.
• Define what forms of smoking and vaping are covered.
• State where smoking and vaping are prohibited on your organization's property, including indoor spaces and vehicles.
• Identify the limited places where smoking and vaping are allowed, focusing on designated outdoor areas where permitted.
• Set basic location boundaries for smoking near building openings and ventilation points.
• Explain how employees can raise concerns or report violations without retaliation.
• Describe the consequences for violating the policy, including discipline up to termination.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer.

Even when notice isn't required, this is still the kind of policy most employers put in their handbook or otherwise publish to employees. A clearly communicated Smoke-Free Workplace policy helps set consistent expectations and supports a culture where employee health is a priority.

Other Considerations

The law applies to US employers who have at least 1 employee in the US.

Exceptions

None.