South Carolina Laws on Smoking in the Workplace

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

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What kinds of workplaces are subject to South Carolina workplace smoking laws?

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

South Carolina 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 South Carolina 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 South Carolina workplaces?

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

Does South Carolina require employers to make accommodations for nonsmokers?

South Carolina 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 South Carolina?

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

Does South Carolina provide employees with protection from smoking-related discrimination?

An employer may not take personnel actions, including hiring, discharge, demotion, or promotion, based on use of tobacco outside the workplace.

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

If you want to go right to the source and look up South Carolina 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 S.C. Code Ann. Section 41-1-85. 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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