Illinois Laws on Smoking in the Workplace

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

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

Workplace smoking laws apply to any enclosed indoor workplace.

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

Smoking is prohibited throughout the entire workplace and within 15 feet of the entrance, exit, or ventilation intake of a workplace. Illinois laws don’t address the specific areas of a workplace where smoking may be permitted. Remember that some workplaces might already be subject to Illinois 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 Illinois workplaces?

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

Does Illinois require employers to make accommodations for nonsmokers?

Illinois 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 Illinois?

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

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

An employee may not be discriminated against for asserting rights under the clean indoor air laws and may not be refused a job, fired, or discriminated against in terms of compensation or benefits because of using lawful products outside of work. Different insurance rates or coverage for smokers are not discriminatory if the difference is based on cost to employer and employees are given a notice of carriers' rates.

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

If you want to go right to the source and look up Illinois 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 410 Ill. Comp. Stat. Sections 82/1 and following; 820 Ill. Comp. Stat. Section 55/5. 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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