Workplace smoking laws apply to enclosed workplaces where four or more people work.
Smoking is prohibited throughout the workplace except for designated smoking areas. If a smoking area cannot be effectively segregated, smoking will be totally prohibited. An employer may declare the entire workplace nonsmoking. Smoking is permitted in designated smoking areas, but no smoking area is permitted in certain workplaces, including restaurants, cocktail lounges, or grocery stores.
In New Hampshire, smoking areas must be effectively segregated, which means procedures for accurately and fairly determining preference have been followed. The size and location of no-smoking and smoking-permitted areas are designed, designated, or juxtaposed so that smoke does not cause harm or unreasonably intrude into the area occupied by persons who are not smoking. In buildings with existing ventilation systems, smoking areas must be near exhaust vents.
In New Hampshire, special considerations must be made for employees with medically proven conditions adversely affected by smoke, as documented by an occupational physician.
New Hampshire employers must have a written policy outlining either smoking prohibition or areas where smoking is permitted. The policy must be handed out or posted, and employees must receive policy orientation. If there is a designated smoking area, there must be written training procedures for enforcing smoking policy, handling complaints and violations, and accommodating employees with medical conditions.
An employer may not require an employee or applicant to refrain from using tobacco products outside of work as a condition of employment, as long as the employee complies with workplace smoking policy. An employer may not retaliate or discriminate against any employee who exercises rights under smoking laws; however, laws do not give an employee the right to refuse to perform normal duties, even if the duties require entering a smoking area.
If you want to go right to the source and look up New Hampshire 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 N.H. Rev. Stat. Ann. Sections 155:64 to 155:77, 275:37-a. 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).