Smoking in the rain?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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