smoking in workplace

[decrepitjoker]

What is the name of your state (only U.S. law)? Missouri

My place of work currently has only one break room where everyone goes to smoke. The problem is that I'm highly allergic to cigarettes and have to hang my coat in the room. Plus the room is by the dry and frozen storage rooms so I have to walk by there all the time.

The managers say that it's legal because it's a "designated smoking area" but there aren't any signs up saying that not to mention it's the only break room we have; shouldn't there be a non-smoking break room at the very least?

Please help!

[cbg]

Sorry, but they are not required under either Federal or state law to have a break room at all, let alone have one for smokers and one for non-smokers. If they are going to allow smoking on the premises (which legally is up to them to decide) they are required by state law to have a designated smoking area. They are legally within their rights to make the break room into that designated smoking area; in fact that is much preferable to having it be some part of the work area!

I am mildly allergic to smoke and am not even remotely unsympathetic but there is nothing in the law that will force them to change their current arrangement.

[ned4spd8874]

Originally Posted by decrepitjoker

What is the name of your state (only U.S. law)? Missouri

My place of work currently has only one break room where everyone goes to smoke. The problem is that I'm highly allergic to cigarettes and have to hang my coat in the room. Plus the room is by the dry and frozen storage rooms so I have to walk by there all the time.

The managers say that it's legal because it's a "designated smoking area" but there aren't any signs up saying that not to mention it's the only break room we have; shouldn't there be a non-smoking break room at the very least?

Please help!

Check your state laws or even call up your state/county/city health department. I just went through a similar thing here in Michigan and it wasn't until I called the city health department until I found out my employer had an illegal smoke room. The company has to pass very strict ventilation standards here. Also, if you were in Michigan, your workplace would be in violation because you have to go into that room to simply hang up your coat.

So, simply, your employer might be in violation. You just have to make a few phone calls.

[xylene]

Originally Posted by ned4spd8874

So, simply, your employer might be in violation. You just have to make a few phone calls.

That is possible, but I don't see info on the coat claim.

And even if true that does not mean the employer is liable for the substantial health problems the poster is claiming.

[Stevef]

Originally Posted by ned4spd8874

it wasn't until I called the city health department until I found out my employer had an illegal smoke room.

I wonder how long it will be before your employer figured out who called the city health department, or the Department of Labor. Especially if you did it from your work phone.

My guess is that your next question will be regarding laws concerning retaliation against whistle-blowers.

[RRevak]

Isnt there another place you can keep you're belongings and take a break in? And your employer doesnt need to have a specific sign stating thats the place to smoke. If thats where they decide is an acceptable place to smoke, and its legal to smoke indoors, then thats where people are allowed to smoke. As long as smoking laws allow for smoking indoors, your employer can designate any area they want as a smoking area. Maybe you can talk to your employer about setting aside a non-smoking area??

[JustAPal00]

Smoking is legal. Why don't you find a job at a place that does not allow smoking?

[2Mistakes]

OP, you may want to check your local ordinances.

My city recently passed the Smoke-Free Air Ordinance.

Q: What places are required to be smoke-free under the Ordinance?

A: With certain limited exceptions, the Smoke-Free Ordinance prohibits smoking in all enclosed facilities and areas within places of employment, including lobbies, conference and meeting rooms, offices, elevators,
hallways, stairs, and restrooms, as well as all structures and facilities owned or operated by the City, all public outdoor facilities and properties controlled or leased by the City, and certain outdoor areas or public places within the City as set forth in Sections 5 and 6 of the Ordinance.