South Dakota Laws on Smoking in the Workplace

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

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

Workplace smoking laws apply to any enclosed space under the control of a private or public employer.

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

Smoking is prohibited throughout the entire workplace. South 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 South Dakota 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 Dakota workplaces?

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

Does South Dakota require employers to make accommodations for nonsmokers?

South Dakota 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 Dakota?

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

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

An employer may not discharge an employee because of using tobacco products offsite during nonwork hours, unless not smoking is a genuine occupational requirement or a smoking ban is necessary to avoid an actual or apparent conflict of interest with the duties of the job. It is not discrimination to have insurance policies with different rates or coverage for smokers.

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

If you want to go right to the source and look up South 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 S.D. Codified Laws Ann. Sections 34-46-13 to 34-46-19, and 60-4-11. 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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