Indiana Laws on Smoking in the Workplace

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

Indiana statutes don’t specifically address smoking in private workplaces. Local laws that regulate smoking in public -- at the city, county, or town level -- may also apply to smoking in the workplace in some areas. And keep in mind that Indiana laws may already specifically prohibit smoking in certain types of businesses operated by the employer (such as a hospital or a restaurant). These laws apply to employees as well as patrons or customers of the business.

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

Indiana laws don’t address the specific areas of a workplace where smoking may be prohibited or permitted. Remember that some workplaces might already be subject to Indiana 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 Indiana workplaces?

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

Does Indiana require employers to make accommodations for nonsmokers?

Indiana 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 Indiana?

Indiana 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 Indiana, employers are generally free to adopt policies on smoking in the workplace if they choose to.

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

An employer may not require prospective employee to refrain from using tobacco products outside of work in order to be hired or discriminate against employee who uses them in terms of wages, benefits, or conditions of employment.

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

If you want to go right to the source and look up Indiana 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 Ind. Code Ann. Section 22-5-4-1. 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).