Nevada Laws on Smoking in the Workplace

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

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

Nevada 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 Nevada 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 Nevada workplaces?

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

Does Nevada require employers to make accommodations for nonsmokers?

Nevada 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 Nevada?

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

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

An employer may not fail or refuse to hire, discharge, or discriminate in terms of compensation, benefits, or conditions of employment because of an employee's lawful use of any product offsite during nonwork hours, unless use adversely affects job performance or the safety of other employees.

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

If you want to go right to the source and look up Nevada 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 Nev. Rev. Stat. Ann. Section 613.333. 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).