Tennessee Laws on Smoking in the Workplace

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

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

Workplace smoking laws apply to all enclosed workplaces. Exceptions include age-restricted venues and businesses with three or fewer employees.

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

Smoking is prohibited in all enclosed workplaces. All employers may permit smoking in nonenclosed spaces, including outdoor patios. Employers with three or fewer employees may allow smoking in areas not accessible to the public.

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

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

Does Tennessee require employers to make accommodations for nonsmokers?

Tennessee 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 Tennessee?

Tennessee employers must communicate a smoking prohibition to all current employees and all prospective employees upon application for employment.

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

An employee may not be fired for use of a lawful product during nonwork hours as long as the employee observes workplace policy when at work.

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

If you want to go right to the source and look up Tennessee 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 Tenn. Code Ann. Section 39-17-1801 to 39-17-1812, 50-1-304(e); Tenn. Comp. R. & Regs. Sections 0800-06-01-.01 to 0800-06-01-.08. 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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