New Mexico Laws on Smoking in the Workplace

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

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What kinds of workplaces are subject to New Mexico workplace smoking laws?

New Mexico statutes apply to indoor workplaces.

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

Smoking is prohibited in all New Mexico indoor workplaces. An employer with fewer than two employees may allow smoking, if the workplace is not commonly accessible to the public and is not a bar or restaurant. However, the employer must provide a smoke-free workplace if an employee requests it. 

What are the requirements for designated smoking areas in New Mexico workplaces?

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

Does New Mexico require employers to make accommodations for nonsmokers?

An employer with fewer than two employees must provide a smoke-free workplace, if an employee requests it. 

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

New Mexico employers must have a written smoking policy. 

Does New Mexico provide employees with protection from smoking-related discrimination?

An employer may not refuse to hire, discharge, or disadvantage an employee with respect to compensation, terms, conditions, or privileges of employment because the individual is a smoker or nonsmoker. An employer also cannot require that an employee abstain from tobacco products during nonwork hours. An employer may restrict smoking if it relates to a genuine occupational requirement or if it materially threatens a legitimate conflict of interest policy.

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

If you want to go right to the source and look up New Mexico 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 N.M. Stat. Ann. Sections 50-11-3, 24-16-4, and 24-16-12. 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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