Arkansas Laws on Smoking in the Workplace

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

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

Workplace smoking laws apply to any enclosed workplace. Exceptions include nonpublic workplaces with fewer than three employees and restaurants and bars that prohibit minors.

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

Smoking is prohibited throughout the entire enclosed workplace. Arkansas laws don’t address the specific areas of a workplace where smoking may be permitted. Remember that some workplaces might already be subject to Arkansas 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 Arkansas workplaces?

In Arkansas, smoking areas are permitted. An employer must post signs that meet certain size and placement criteria and say: "Health warning. This is a smoking area. Occupants will be exposed to secondhand smoke. It is unlawful for anyone under 21 years of age to enter or work in any part of the establishment at all times."

Does Arkansas require employers to make accommodations for nonsmokers?

Arkansas 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 Arkansas?

Arkansas employers must communicate the prohibitions on smoking to each prospective employee upon application for employment.

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

An employer may not discharge or retaliate against an employee for making a complaint under this law or furnishing information about a violation to an enforcement authority.

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

If you want to go right to the source and look up Arkansas 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 Ark. Code Ann. Sections 20-27-1804 and 20-27-1805, Ark. Admin. Code Sections 016.24.3-I through 3-X. 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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