Alaska Laws on Smoking in the Workplace

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

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

Workplace smoking laws apply to any private place of business that posts signs regulating smoking, restaurants with seating for at least 50 people, and grocery stores. Exceptions include a portion of a place or vehicle that is designated as a smoking section under Section 18.35.320 and a limousine for hire or taxicab, if the driver consents and the driver ascertains that all passengers consent to smoking in the vehicle.

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

Smoking is prohibited throughout the workplace except in designated smoking areas. An employer may designate the entire site as nonsmoking. A smoking section may not be designated under Section 18.35.320 for students on the grounds of or in an elementary or secondary school, indoors or outdoors. Smoking is permitted in designated smoking areas.

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

In Alaska, smoking areas must be ventilated or separated to protect nonsmokers from active by-products of smoke.

Does Alaska require employers to make accommodations for nonsmokers?

In Alaska, reasonable accommodations must be made to protect the health of nonsmokers.

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

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

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

Alaska 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 Alaska law information on smoking in the workplace?

If you want to go right to the source and look up Alaska 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 Alaska Stat. Sections 18.35.300, 18.35.310, and 18.35.320. 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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