State Law Considerations When Restricting Off-Duty Smoking

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?

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