Smoking in the rain?

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Smoking in the rain?

At my office in arkansas, we have been
informed by management via email that we can no
longer smoke in front of the building more than
one person at a time, which is a public city
sidewalk. They don’t care if five people go at
once to smoke out back, which is an empty lot
we don’t own not maintained, frequently grown
up with weeds, frequented by wasps, and not
covered. Does this qualify as a designated
smoking area? do they have to provide cover so
we’re not standing in the rain? or since we’re
allowed to leave the property, and it’s not on
their property is this mandate unlawful?

Asked on October 25, 2018 under Employment Labor Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, there is no need to provide a smoking area: there is no right to smoke at work, and an employer may legally ban all smoking anywhere on its property, or put any other restrictions (e.g. only one person smoking in front at a time) that it wants. The employer does not have to provide any area on its grounds or in its office(s) or building(s) to smoke, and can restrict it from any/all areas under its control. You may simply not be able to smoke at work, and that is legal.


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