Overview: An employer is required under the Occupational Safety and Health (OSH) Act to provide a safe and healthful workplace for its employees. In doing so, an employer may benefit from having more productive employees, less absenteeism and lower health care costs, to name but a few.
When it comes to managing employee health matters, there are different concerns that must be considered, including those related to everyday health issues, emergency medical situations, mental health, substance abuse and the environment. Having an employee health program that addresses the various health concerns will mean that the workplace is prepared for any contingency. An employee health plan may include training workers in CPR and the Heimlich Maneuver, installing an AED, teaching proper employee hygiene, having flexible work schedules, establishing Employee Assistance Programs and Wellness Programs and creating no-smoking environments.
When addressing the health concerns of employees, it is critical that an employer consider the Americans with Disabilities Act (ADA) and its obligations and responsibilities under the law. In addition, it is also important that an employer takes steps to protect the employee and avoid discrimination and retaliation claims as a result of any perceived or actual health issue.
Trends: Many states and municipalities ban smoking in the workplace. In recent years, some states are expanding the ban to include electronic cigarettes, pipes, hookahs, and vaping devices. However, regardless of whether state law allows smoking in the workplace, an employer should consider prohibiting smoking and limiting it to the outside or in a designated smoking area.
Author: Melissa Gonzalez Boyce, JD, Legal Editor
Updated to reflect the forthcoming Farm Laborers Fair Labor Practices Act.
This chart details the laws regarding smoking in the workplace, which may include the use of electronic cigarettes (e-cigarettes) or vaping products, for each state and the District of Columbia.
XpertHR has added a helpful new 50-State Chart to its smoking in the workplace resources, Smoking and E-Cigarette Workplace Laws by State, which details the state laws relating to smoking and e-cigarette use that employers must comply with.
Updated to reflect forthcoming preemption law in Oregon regarding paid family and medical leave benefits and the removal of preemption of employee benefits in Arizona.
Updated to reflect amendments to the Smoking in Public Places and Indoor Workplaces Act and the Medical Marijuana and Patient Protection Act, effective August 30, 2019.
Updated to reflect expanded list of debilitating medical conditions under medical marijuana law, effective August 9, 2019.
Updated to reflect expanded list of serious medical conditions under medical marijuana law, effective July 20, 2019.
HR and legal considerations for employers regarding employee health programs. Support on keeping employees healthy and productive while at work.