SMOKING IN THE WORKPLACE: KNOW YOUR RIGHTS

Smoking Nicotine and Cigarette laws in the Workplace

Smoking in the workplace has become an important health and safety issue in the workplace over the past few decades.  Over the past four decades there has been an increasing demand among workers in the United States for increased health and safety in the workplace.   As a result of increasing pressure from workers lobby groups and special interest with a vested interest in worker safety the federal government as well as state legislatures have passed many laws to increase the healthy environment and general safety of the worker in the workplace. 

OSHA: Occupational Safety and Health Act: established basic safety standards with the goal of reducing the number of deaths, injuries, illnesses, and other health issues as a result of the environment and conditions in the workplace.   OSHA is the main and most significant Federal law regarding Workplace safety.

It is important to note the OSHA rules are rather limited with regard to tobacco and smoking in the workplace.   However state law have become more progressive than OSHA and as a result many states now have smoking standards and restriction in the workplace.  

One way that an individual may have a case against an employer is air quality restrictions that have been place by OSHA standards on employers.  This law is highly complicated and difficult to understand in that is also may involves state health standards, state air quality law, and federal air quality laws.

If you have been injured in the workplace and or have health issues resulting from poor workplace air quality as a result of smoking in the workplace it is important to know that you have rights here.  However in order to protect your rights it is vital that you contact a Workplace Injury Lawyers that has the knowledge and experience to be able to litigate your matter and fight for your rights. 

Currently the laws of smoking in the workplace are in a state of flux.  It is a very new area of Personal Injury Law (Tort Law) and as a result requires experts in the field.  Today many companies offer non-smoking workplaces.  While in some states there are smoking discrimination laws that forbid discriminatory acts against workers who smoke.  On top of that there are also many exceptions that are written into anti smoking laws that may be used by workplace employers to deter any legal responsibility they may have to their employees.

Bases upon the above analysis workplace air quality and smoking laws become very complicates as one has to deal with a myriad of state, federal and local ordinances.  If you have any issues regarding workplace air quality and smoking issues, or you have been injured feel free to contact our workplace attorneys at Downtown LALAW  for a free consultation.  (855) DT LA LAW