New Mexico statutes apply to indoor workplaces.
Smoking is prohibited in all New Mexico indoor workplaces. An employer with fewer than two employees may allow smoking, if the workplace is not commonly accessible to the public and is not a bar or restaurant. However, the employer must provide a smoke-free workplace if an employee requests it.
New Mexico does not require employers to create designated smoking areas or provide other accommodations for smokers in the workplace.
An employer with fewer than two employees must provide a smoke-free workplace, if an employee requests it.
New Mexico employers must have a written smoking policy.
An employer may not refuse to hire, discharge, or disadvantage an employee with respect to compensation, terms, conditions, or privileges of employment because the individual is a smoker or nonsmoker. An employer also cannot require that an employee abstain from tobacco products during nonwork hours. An employer may restrict smoking if it relates to a genuine occupational requirement or if it materially threatens a legitimate conflict of interest policy.
If you want to go right to the source and look up New Mexico 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.M. Stat. Ann. Sections 50-11-3, 24-16-4, and 24-16-12. 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).