Can companies prohibit employees and/or visitors from smoking or consuming tobacco on company premises? B.1. Except as otherwise provided in subsection 2 of this subdivision, an educational institution providing an early childhood education program or educating children from kindergarten to grade twelve shall prohibit any person, but not exclusively, full-time employees, from smoking, chewing tobacco or any other form of tobacco product in the buildings and premises of the institution, including, but not limited to, full-time employees, part-time and contract employees during the hours of 7:00 a.m. to 4:00 p.m., during academic sessions, or when courses or a program set up for students take place. Oklahoma law prohibits employers from requiring an applicant to abstain from smoking or using tobacco products outside of work hours as a condition of employment. It is also illegal for employers to discriminate against people who smoke or use tobacco products in terms of pay, conditions and employment privileges. For example, an employer cannot fire or retaliate against an employee for smoking or using tobacco products outside of working hours. While employers have the right to prevent employees from using tobacco products in the workplace, since 1991 state law has prohibited Oklahoma employers from discriminating against applicants or employees based on those who use tobacco outside of work hours. This prohibition applies to discrimination against smokers with regard to their remuneration or other conditions of employment. With this anti-discrimination law, the question arose: “Can employers reward employees who participate in wellness programs, which include smoking cessation programs?” Some argued that rewarding employees who went through a smoking cessation program amounted to discrimination against employees who continued to smoke. The revision of 40 Okla.
Stat. § 500 of November 1, 2013 clarifies this issue by expressly allowing employers to offer wellness programs, including those that reward smoking cessation, as long as the program is tied to the health insurance coverage offered to the workforce. Other workplaces where smoking is not prohibited in Oklahoma are those where the owner or operator or/and their immediate family members are the only employees and the workplace is not open to the general public in workplaces where everyone smokes and the workplace is not open to the public. [vi] Workplaces where everyone smokes and the workplace is not open to the public are also included, such as private offices. Private residences are also included, except during business hours when the residence is used as a daycare. Facilities “operated by a post or organization of former or current members of the U.S. Armed Forces are exempt from the smoking ban until they are open to the public. Other establishments where smoking is not prohibited are outdoor restaurant rest areas, provided they are at least 15 feet from a public exterior door or restaurant reception. [vii] 7. private offices occupied exclusively by one or more smokers; C.
Nothing in this section shall be construed as prohibiting educational institutions from pursuing more restrictive policies regarding the use of tobacco and other tobacco products on the premises or on the premises of the institution. H. The law on smoking in public places and indoor workplaces cannot prohibit smoking in: A. Except as expressly provided in the Public and Indoor Smoking Act, no person shall smoke indoors or outdoors in an indoor workplace in a public place in a part of a zoo to which the public may be admitted. in any vehicle that provides public transportation, at a meeting of a public facility, in a nursing facility licensed under the Nursing Home Care Act, or in a licensed child care facility under the Oklahoma Child Care Facilities Licensing Act. A nursing facility licensed under the Nursing Home Care Act may designate smoking rooms for residents and their guests. These spaces must be completely enclosed, emptied directly to the outside and under negative pressure so that no smoke can escape when a door is opened and no air is returned to the non-smoking areas of the building. Commercial airport operators may prohibit the use of lighted tobacco in all areas accessible to or used by the public, whether indoors or outdoors, provided that the outdoor area is within one hundred and seventy-five (175) feet of an entrance. According to the new 21 Okla. Stat.
§ 1247, tobacco products lit in any form are prohibited in indoor workplaces. With few exceptions, this prohibition applies to workspaces, staff lounges, washrooms, conference rooms, classrooms, cafeterias and hallways. An Oklahoma employer may choose to provide smoking rooms to its employees as long as no work is done in those spaces and the smokehouse is completely closed and depleted directly outside. Employers should post notices informing employees and guests that the workplace is smoke-free. The Oklahoma legislature has declared that “possession of lighted tobacco in any form is a public nuisance and dangerous to public health” and forms the basis of Oklahoma`s smoking in public places and indoor workplaces. [i] This law prohibits smoking tobacco products in “indoor public spaces, public transport or any indoor workplace, unless expressly authorized by law.” [ii] 3. An educational institution may designate smoking areas outside adult buildings during certain activities or functions, including, but not limited to, sports competitions. Yes. Employers may designate a smoking room where no work is performed other than cleaning and maintenance, while the premises are not used for smoking. The smokehouse must be completely closed and emptied directly to the outside so that no tobacco smoke can drift into a non-smoking area. Oklahoma law also requires that exhaust fumes from a smoking room be no less than 15 feet from an inlet, outlet or air intake. 2.
Career and Technology Centres may designate smoking areas outside buildings, away from general traffic areas and completely out of sight for children under eighteen (18) years of age, for adults participating in trainings, meetings, meetings or seminars. Oklahoma`s Smoking in Public Places and Indoor Workplaces Act also prohibits smoking in vehicles that provide public transportation or are state-owned. [iv] Daycares and educational institutions are also part of the smoking ban. Health care facilities may designate smoking rooms and educational institutions must be smoke-free from 7 a.m. to 4 p.m. when classes are held or when there is a school program with students. The law allows the designation of outdoor smoking areas in schools during sporting events, away from general traffic areas and completely out of sight of children under eighteen (18) years of age, for adults participating in trainings, meetings, meetings or seminars. “The enforcement of age limits for tobacco products is actually at the state level and at the local level, so even though the federal government had already raised the age to 21, we had to make sure that state law reflected that so there was no confusion or ambiguity for the public. businesses or law enforcement,” McCortney said. Equally important, health professionals have long been committed to raising the minimum age for smoking to reduce smoking rates, which will help us achieve better health outcomes. Oklahoma`s Public Smoking Act prohibits illuminated smoking in any form in an “indoor workplace.” The term indoor workplace encompasses all aspects of indoor employment, from the business owner to all employees, full-time or part-time, and even includes all volunteers who may work indoors.
This smoking ban applies to all indoor spaces such as workplaces, lounges, washrooms, meeting rooms, cafeterias, hallways or elevators. The law also states that all buildings owned and operated by the State of Oklahoma must be smoke-free, with the exception of a designated smoking room in each building, county and municipal buildings, smoking is also prohibited within 25 feet of each entrance or exit of any of these indoor workplaces. [iii] All restaurants are completely non-smoking or may have a designated smoking room.
