Non-Smoker Discrimination

[Sean_Spishak]

I currently work at a Nevada Casino. I am an ex-smoker with previous heart problems, attacks and bypass. I work on a very small office, 21ft x 9ft, with two other people. Both my supervisors and both smokers. At times, due to their invitations there is as many as 5 total people in the office. Bringing the total of smokers to 4. This office is commonly used as a break room even though the nearest designated smoking area is only 50 ft away. There is no ventillation at all. Room has an a/c duct which is taped shut by supervision. Has a small 3 speed fan that is not allowed to be used because of supervisors preference. Also has an air cleaning type machine, also not allowed to be used at direction of supervisor. There is no exhaust fan. There are two different doors that supervison requires to be closed. As most of work keeps me in this work space I fear for my health. Do I have any legal recourse as in being able to quote specific policies or laws which makes this action(s) not up to job codes or OSHA. I dont know, help please.

 

[BelizeBreeze]

Do I have any legal recourse as in being able to quote specific policies or laws which makes this action(s) not up to job codes or OSHA.

In a word....No.
The only statute that even remotely suggests control over smoking in the private sector is Chapter 705, Statutes of Nevada 1989

This measure requires persons in control of the following areas to post signs prohibiting smoking in any place not designated for that purpose: (1) public areas of a medical facility or health care practitioner's office; (2) a hotel, motel or restaurant, when so designated by the operator; (3) a non-gaming, public area of a grocery store; or (4) a bus, other than a chartered bus. In addition, the person is allowed to designate separate rooms or portions of the area which could be used for smoking.

 

[rmet4nzkx]

While the NV smoking laws may not help you, there are several other things, First of all, OSHA may be able to find violaitons since the air ducts are blocked, but when you report, report possible violaitons in other rooms as well so you are not singled out. The other thing you can do is contact your HR and ask for ADA accommodations that might allow the area to be designated "no smoking" or allow the use of the air cleaner as inefficiant as they are. I worked in a place once that was so smoky you could hardly see across the room, later it was smoke free, what a big change! We also has an employee with gas so bad they actually allowed us to butn a candle, yes it did flare at times

 

[BelizeBreeze]

OSHA has no dog in this fight and since this is not a 'disability' but a disease, there are no accommodations available.

 

[cbg]

I agree that OSHA does not apply. However, a disease CAN be a disability under the ADA.