New Jersey Laws on Smoking in the Workplace

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

What kinds of workplaces are subject to New Jersey workplace smoking laws?

Workplace smoking laws apply to any indoor workplace.

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

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

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

Does New Jersey require employers to make accommodations for nonsmokers?

New Jersey 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 New Jersey?

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

Does New Jersey provide employees with protection from smoking-related discrimination?

An employer may not discharge or discriminate in terms of hiring, compensation, benefits, or conditions of employment because the employee does or does not smoke, unless smoking or not smoking relates to work and job responsibilities.

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

If you want to go right to the source and look up New Jersey 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.J. Stat. Ann. Sections 26:3D-56 to 26:3D-61, 34:6B-1. 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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