Oklahoma Laws on Smoking in the Workplace

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

What kinds of workplaces are subject to Oklahoma workplace smoking laws?

Workplace smoking laws apply to any indoor workplace. Exceptions include family owned and operated business in which all employees are related to the employer or where all the employees are smokers, and there is only occasional public access.

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

Smoking is prohibited throughout the workplace except in designated smoking areas. An employer may designate entire site nonsmoking. All buildings owned by an educational facility are also nonsmoking. Smoking is permitted in designated smoking areas.

What are the requirements for designated smoking areas in Oklahoma workplaces?

In Oklahoma, smoking areas must be in a nonwork area where no employee is required to enter (except to perform custodial and maintenance work when the smoking area is unoccupied). The areas must have ventilation systems that exhaust air outdoors at least 15 feet from entrances, exits, or air intake, be fully enclosed, have no air recirculating to nonsmoking areas, and be under negative air pressure so that no smoke can drift or circulate into a nonsmoking area.

Does Oklahoma require employers to make accommodations for nonsmokers?

Oklahoma 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 Oklahoma?

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

Does Oklahoma provide employees with protection from smoking-related discrimination?

An employer may not discharge or disadvantage an employee in terms of compensation, benefits, or conditions of employment because of being a nonsmoker or smoking during nonwork hours. An employer also may not require that the employee abstain from using tobacco products during nonwork hours as a condition of employment. An employer may restrict nonwork smoking if it relates to a genuine occupational requirement.

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

If you want to go right to the source and look up Oklahoma 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 Okla. Stat. Ann. tit. 40, Sections 500 to 503; Okla. Admin. Code Sections 310:355-5-1 and following. 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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