Hawaii Laws on Smoking in the Workplace

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

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

Workplace smoking laws apply to any enclosed area.

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

Smoking is prohibited throughout the entire enclosed workplace and within a "presumptively reasonable" distance of 20 feet from any entrance, exit, or ventilation intake. Hawaii laws don’t address the specific areas of a workplace where smoking may be permitted. Remember that some workplaces might already be subject to Hawaii 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 Hawaii workplaces?

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

Does Hawaii require employers to make accommodations for nonsmokers?

Hawaii 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 Hawaii?

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

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

An employer may not discharge, refuse to hire, or retaliate against employee or applicant for attempting to prosecute a violation of this law.

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

If you want to go right to the source and look up Hawaii 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 Haw. Rev. Stat. Sections 328J-1 to J-17. 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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