North Dakota Laws on Smoking in the Workplace

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

What kinds of workplaces are subject to North Dakota workplace smoking laws?

Workplace smoking laws apply to any enclosed workplace. Exceptions include outdoor areas, except within 20 feet of areas where smoking is prohibited.

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

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

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

Does North Dakota require employers to make accommodations for nonsmokers?

North Dakota 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 North Dakota?

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

Does North Dakota provide employees with protection from smoking-related discrimination?

An employer cannot discharge, refuse to hire, or retaliate against an employee or applicant for exercising rights related to this law. An employer may not refuse to hire, discharge, or discriminate with regard to training, apprenticeship, tenure, promotion,compensation, benefits, or conditions of employment because of an employe's lawful activity offsite during nonwork hours, unless it is in direct conflict with the employe's essential business-related interests.

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

If you want to go right to the source and look up North Dakota 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.D. Cent. Code Sections 14-02.4-03, 23-12-09 and 23-12-10. 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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