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Right to Work in a Smoke-Free Environment
Most states have passed laws recognizing the rights of nonsmokers to work in a smoke-free environment. Various federal agencies, including the Merit Board and the Equal Employment Opportunity Commission, have ruled that employers must take reasonable steps to keep smoke away from workers who are sensitive to it, and OSHA has issued similar requirements to enhance safety in the workplace. If you have any trouble in this area, gather the facts and speak to management. Confirm all grievances in writing to document your claim (as the letter on the following page illustrates).
If you receive a negative response, send a follow-up letter and speak to a lawyer to protect your rights. Contact an appropriate agency for further advice. A regional Department of Labor, Department of Health, or OSHA office will provide you with more information. Finally, speak to a doctor about workers' compensation. If you incur medical expenses due to a smoke-related on-the-job illness, discuss filing a workers' compensation claim with your doctor.
FAQs
- What happens during an Occupational Safety and Health Administration (OSHA) inspection?
- What should an employee do if he or she thinks there is a safety or health hazard at work?
- What types of workplace conditions do the health and safety standards address?
- What is the Occupational Safety and Health Act?
- What are the penalties for violating the Occupational Safety and Health Act (OSH Act)?
Employees' Rights Resources
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