Montana Laws on Smoking in the Workplace

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

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

Workplace smoking laws apply to any enclosed indoor workplace.

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

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

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

Does Montana require employers to make accommodations for nonsmokers?

Montana 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 Montana?

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

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

An employer may not discharge, refuse to hire, or discriminate against employee in regard to compensation, promotion, benefits, or terms of employment because of lawful tobacco use offsite during nonwork hours. Use that affects job performance or other workers' safety or conflicts with a genuine job requirement is not protected. It is not discrimination to have different insurance rates or coverage for smokers if the difference is based on cost to the employer; and employees are given a written statement of the carriers' rates.

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

If you want to go right to the source and look up Montana 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 Mont. Code Ann. Sections 50-40-104, 39-2-313. 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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