Alabama Laws on Smoking in the Workplace

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

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

Workplace smoking laws apply to enclosed places of employment with five or more employees. Exceptions include common work areas if a majority of the workers who work in that area agree that a smoking area will be designated.

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

An employer may prohibit smoking in all or part of workplace. An individual employee may designate his or her own work area as a nonsmoking area. Smoking in common work areas is prohibited unless a majority of workers in that area agree to designate it as a smoking area. Smoking is permitted when a majority of workers in an area decide to designate a common work area as a smoking area, unless the employer prohibits it.

What are the requirements for designated smoking areas in Alabama workplaces?

In Alabama, smoking areas must be ventilated or separated to minimize the toxic effects of smoke.

Does Alabama require employers to make accommodations for nonsmokers?

Alabama employers must provide signs to post if an employee designates his or her own work area as nonsmoking.

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

Alabama employers must have a written smoking policy that meets minimum requirements and is communicated to all employees.

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

Alabama does not have a law protecting smokers from discrimination nor does it have a law protecting employees from discipline or discharge based on their off-duty conduct generally.

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

If you want to go right to the source and look up Alabama 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 Ala. Code Sections 22-15A-3 and 22-15A-5. 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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