As is the case with OSHA, employees have the right to a safe and healthy workplace. Since smoking impedes on that right, I do believe that employers have the right to ban or restrict employee smoking at the workplace. Second hand smoke is a serious issue, one that is often overlooked by smokers. Nonsmokers have the right to not be exposed to something that they choose not to engage in. It is unfair for employees to be exposed to health risks that they are not personally subjecting themselves to. Additionally, there is some responsibility on the workplace to ensure that added level of a safe and healthy environment. Since exposure to smoke is a health hazard, choosing to restrict or ban it cannot be seen as a violation of personal rights.
2. Should employers have the right to restrict or ban smoking by employees off the job, as Weyco did? Why do you think so?
I was torn on this situation as I am a firm believer in personal rights. But considering the added health costs the employer must ensue for their smoking employees, shouldn’t they have the right to say no! I do think that employers should have the right to restrict or ban smoking off the job if it meets certain criteria. For starters, employees must be given ample notification or if the rule is already in place, be notified in advance of applying to the organization. Next, it is important that existing employees affected by the change, as was the case at Weyco, be given the tools and opportunity to quit. I feel 15 months was an ample amount of time, given the tools the organization supplied, to make lifestyle changes if one chose to. Finally, I think there should be ongoing support to educate and assist with the process.
There are definitely certain industries that I believe should invoke this. A good example of this would be healthcare providers. Do you know how many times I see the