Georgia Laws on Smoking in the Workplace

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

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

Workplace smoking laws apply to any enclosed workplace. Certain bars and restaurants are exempt, as are certain work areas within private places of employment that are open to the public by appointment only.

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

Smoking is prohibited throughout the entire indoor workplace except for designated smoking area. An employer may designate the entire workplace nonsmoking. Smoking is permitted in any designated smoking area.

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

In Georgia, smoking areas must be in a nonwork area where no employee is required to enter (except to perform custodial and maintenance work when the smoking area is unoccupied). The area must have ventilation system that exhausts air outdoors and no air recirculating to nonsmoking areas. The smoking area is only for employee use.

Does Georgia require employers to make accommodations for nonsmokers?

Georgia 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 Georgia?

Georgia employers must communicate a smoking prohibition to all employees and to all applicants when they apply.

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

Georgia 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 Georgia law information on smoking in the workplace?

If you want to go right to the source and look up Georgia 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 Ga. Code Ann. Sections 31-12A-1 to 31-12A-13. 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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