Wyoming Laws on Smoking in the Workplace

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

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

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

Wyoming 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 Wyoming 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 Wyoming workplaces?

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

Does Wyoming require employers to make accommodations for nonsmokers?

Wyoming 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 Wyoming?

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

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

An employer may not make use or nonuse of tobacco products outside of work a condition of employment unless nonuse is a genuine occupational qualification. An employer also may not discriminate regarding compensation, benefits, or terms of employment because of use or nonuse of tobacco products outside of work. It is not discrimination to offer insurance policies with different rates and coverage for smokers and nonsmokers if the difference reflects actual cost to the employer, and employees are given written notice of carriers' rates.

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

If you want to go right to the source and look up Wyoming 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 Wyo. Stat. Section 27-9-105(a)(iv). 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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