Smoke Free Environment

Depending on the elements of your policy, you may need to establish a designated area for smoking. Placing the area outdoors eliminates the expense of a separate ventilation system but may have undesired consequences such as longer break times, and possibly the additional expense of building a shelter, if this is needed.

Be sure to focus efforts on how employee habits, such as frequent breaks, impact an employee's job. In other words, keep policy and discussions steered toward job performance, rather than the issue of smoking. It is important to establish guidelines that impact all employees such as those regarding breaks and then enforce them on a consistent basis for the entire staff. Any discussions of violations to these guidelines should address the impact of employee actions on performance. Leave smoking out of the discussion entirely.

Once a small business has developed its nonsmoking policy, it should provide early notice of the policy, prior to implementation. This allows employees to consider the consequences of behavior and, if need be, to make efforts to quit smoking. At this time, the company should also publicize any assistance in quitting smoking, such as a cessation program or monetary rewards. It may be more successful to implement a smoke free policy in stages. For example, smoking might first be restricted to a designated area, then eliminated from company property entirely. However, the success of gradual implementation can vary from workplace to workplace.

Once established, a small business's smoke free environment should also take into account new employees. While there are no laws prohibiting discrimination against smokers, questioning prospective staff as to their smoking habits is ill advised. Not hiring smokers may be defensible for an organization such as the American Cancer Society, but not for most small employers. A more acceptable position is to alert candidates at the time of the interview to the small business's nonsmoking policy and its associated standards of acceptable behavior.

Finally, it is especially important for a small business to regularly revisit its smoking policy, along with other human resources policies. Local, state, and federal laws and regulations are in a constant state of flux over this issue. It pays to review these laws regularly and in conjunction with a legal advisor. The burden of litigation over such issues is a heavy one for a small business to bear. In addition, a shifting employee population may make some changes necessary. Seeking input from employees helps to both promote and refine the policy.

EFFECTS OF A SMOKE FREE ENVIRONMENT ON CUSTOMERS

The implications of a smoke free environment in small businesses such as restaurants, bars, and shops also extend to customers. For these types of businesses, local and state laws and regulations may also be more straightforward. Many states and municipalities already limit or eliminate smoking in the public areas of these businesses. In the state of California, for example, no smoking is permitted in any public establishment. California lawmakers alerted the public of the change six months prior to implementing this legislation to allow businesses time to address the issue in their workplace policies and to provide consumers with time to get used to the idea. There also may be legal issues to consider. According to an article in Business-First Columbus, the National Restaurant Association states that employers can be held liable if staff members become ill from second-hand smoke.

Other states require a public establishment to have both smoking and nonsmoking areas within a restaurant, with space and sometimes ventilation requirements for each. As noted with work environments, a separate ventilation system may be used to divert smoky air. Working with local authorities as well as reviewing policies from similar businesses in the area can help a small business to determine its needs.

If the institution of a smoke free environment at a small business is not tied to any governmental regulations or requirements that are already known by the general public, a small business should consider giving advance notice of the new policy to their customers. A simple posting at the door as well as personal verbal or written notice to regular clients can go a long way to ensure customers' responsiveness and compliance. Finally, in cases where customers ignore the policy, it is important to courteously but consistently administer it, even at the risk of losing those customers.

The implementation of a smoke free environment is a complex process for any small business. By using legal counsel to wade through the maze of pertinent laws and regulations, working with employees to develop a policy, and communicating the policy regularly to both employees and customers, a small business can ensure its efforts are successful.

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