Delaware Laws on Smoking in the Workplace

Information on Delaware workplace smoking laws, including accommodations for smokers and employer policies on smoking.

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What kinds of workplaces are subject to Delaware workplace smoking laws?

Workplace smoking laws apply to indoor areas. 

In Delaware, in what parts of the workplace is smoking prohibited? Where is smoking permitted?

Smoking is prohibited in any indoor enclosed area where the general public is permitted or may be invited. Delaware laws don’t address the specific areas of a workplace where smoking may be permitted. Remember that some workplaces might already be subject to Delaware or local laws that regulate smoking in public or smoking in or around certain kinds of businesses.

What are the requirements for designated smoking areas in Delaware workplaces?

Delaware does not require employers to create designated smoking areas or provide other accommodations for smokers in the workplace.

Does Delaware require employers to make accommodations for nonsmokers?

Delaware doesn’t specifically require employers to provide workplace accommodations for nonsmoker employees.

Are employers required to have a written or oral policy on workplace smoking in Delaware?

Delaware laws don’t address employer policies on smoking in the workplace. 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 it’s not required by law in Delaware, employers are generally free to adopt policies on smoking in the workplace if they choose to.

Does Delaware provide employees with protection from smoking-related discrimination?

An employer may not discriminate against or retaliate against employee who files a complaint or testifies in a proceeding about violation of workplace smoking laws.

Where can I find Delaware law information on smoking in the workplace?

If you want to go right to the source and look up Delaware law on workplace smoking laws -- or if you're writing a letter to your employer or employee and want to cite the applicable law -- the relevant statute(s) can be found at Del. Code Ann. tit. 16, Sections 2902 to 2907. Workplace smoking information is also available in Nolo's books Your Rights in the Workplace, by Barbara Repa (Nolo) and The Employer's Legal Handbook, by Fred Steingold (Nolo).

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