Workplace smoking laws apply to any enclosed workplace. Exceptions include outdoor areas, except within 20 feet of areas where smoking is prohibited.
Smoking is prohibited throughout the entire indoor workplace. North Dakota laws don’t address the specific areas of a workplace where smoking may be permitted. Remember that some workplaces might already be subject to North Dakota or local laws that regulate smoking in public, or smoking in or around certain kinds of businesses.
North Dakota does not require employers to create designated smoking areas or provide other accommodations for smokers in the workplace.
North Dakota doesn’t specifically require employers to provide workplace accommodations for nonsmoker employees.
North Dakota 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 North Dakota, employers are generally free to adopt policies on smoking in the workplace if they choose to.
An employer cannot discharge, refuse to hire, or retaliate against an employee or applicant for exercising rights related to this law. An employer may not refuse to hire, discharge, or discriminate with regard to training, apprenticeship, tenure, promotion,compensation, benefits, or conditions of employment because of an employe's lawful activity offsite during nonwork hours, unless it is in direct conflict with the employe's essential business-related interests.
If you want to go right to the source and look up North Dakota 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.D. Cent. Code Sections 14-02.4-03, 23-12-09 and 23-12-10. 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).