Missouri Laws on Smoking in the Workplace

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

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

Workplace smoking laws apply to enclosed indoor workplaces. Exceptions include bars or restaurants seating fewer than 50 people, bowling alleys and billiard parlors, and stadiums seating more than 15,000 people.

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

Smoking is prohibited throughout the entire workplace except for designated smoking areas. Smoking is permitted in designated smoking areas (may not be more than 30% of the workplace).

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

In Missouri, smoking areas must have existing physical barriers and ventilation systems that isolate the area.

Does Missouri require employers to make accommodations for nonsmokers?

Missouri 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 Missouri?

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

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

An employer may not refuse to hire, discharge, or in any way discriminate against an employee for lawful use of tobacco offsite during nonwork hours, unless use interferes with employee's or coworkers' performance or employer's business operations.

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

If you want to go right to the source and look up Missouri 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 Mo. Rev. Stat. Sections 191.765 to 191.771, 290.145. 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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