Checklist of state law considerations when restricting off-duty smoking

The following list contains some of the common issues addressed by the state legislatures and issues that employers need to be aware of when considering restricting off-duty smoking habits of employees.

• Does the restriction relate to a bona fide occupational requirement or is it reasonably related to the job activities of a particular employee or group of employees?

• Is the restriction necessary to avoid a conflict of interest with any essential business related interests?

• Is the restriction necessary to avoid the appearance of a conflict with any responsibilities to the employer?

• Does the employee's smoking interfere with the overall operation of the employer's business?

• Does the employee's smoking interfere with the duties and job performance of coworkers?

• Does the employee's smoking effect the safety of other employees?

• Does the employee have a professional service contract with the employer such that the unique nature of the services warrants limitation?

• Does the use of a lawful tobacco product create a material conflict of interest related to the employer's trade secrets, proprietary information or other business interests?