Idaho Laws on Smoking in the Workplace

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

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

Workplace smoking laws apply to enclosed indoor areas used by the general public, including businesses, restaurants, retail stores, and grocery stores. Exceptions include bars.

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

Smoking is prohibited everywhere except in designated smoking areas (for employer with five or fewer employees). All employers may designate their entire workplace as nonsmoking.

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

In Idaho, an employer with five or fewer employees may designate smoking areas as follows: Smoking areas must not be accessible to minors and must be separated from the rest of the building by a floor to ceiling partition. The areas also must not be the sole entrance to the workplace or restroom and must be located in an area where no employee is required to enter as part of the employee's work responsibilities. An employer must post "Warning: Smoking Permitted" signs in the area.

Does Idaho require employers to make accommodations for nonsmokers?

Idaho 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 Idaho?

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

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

An employer may not discharge or discriminate against an employee because the employee has made a complaint or has given information to the Department of Health and Welfare or the Department of Labor for violation of this law.

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

If you want to go right to the source and look up Idaho 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 Idaho Code Sections 39-5501 and following. 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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