Workplace smoking laws apply to indoor workspaces.
Smoking is prohibited throughout the workplace, in copy machine and common equipment areas, and in company vehicles.
New York 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 York or local laws that regulate smoking in public, or smoking in or around certain kinds of businesses.
New York does not require employers to create designated smoking areas or provide other accommodations for smokers in the workplace.
New York doesn't specifically require employers to provide workplace accommodations for nonsmoker employees.
New York employers must post "no smoking" signs, and employers must make a good-faith effort to ensure that employees do not smoke.
An employee may not be discharged, refused employment, or discriminated against in terms of compensation or benefits because of lawful use of products offsite during nonwork hours when not using employer's equipment or property. That includes the use of cigarettes or vapes.
It is not discrimination to offer insurance with different rates or coverage for smokers if the difference is based on cost to employer, and employees are given a written statement of carriers' rates.
Smoking and vaping away from the workplace are lawful protected activities in New York. That means employers may not ask job candidates whether they smoke or vape without running afoul of the law.
New York City's Smoke Free Air Act (SFAA) bars smoking and vaping in virtually all New York City workplaces. Under the law, employers must clearly display "No Smoking, Electronic Cigarette Use, and Smokeless Use" signs wherever smoking is prohibited.
If you want to go right to the source and look up New York 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.Y. Pub. Health Law Sections 1399-n to 1399-x; N.Y. Lab. Law Section 201-d(2b),(6).
Workplace smoking information is also available in Nolo's book The Employer's Legal Handbook, by Aaron Hotfelder.