Can a Restaurant Force You to Work in the Smoking Section?
Refusing to work in a restaurant smoking section is becoming less of an issue as most states have adopted nonsmoking laws. The last holdouts are private clubs and casinos, and smoking remains an issue to people who work in these establishments.
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OSHA
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The Occupational Safety and Health Administration (OSHA) monitors workplace safety issues and is the reason for many state nonsmoking laws. Although OSHA is a federal administration under the United States Department of Labor, smoking laws are the responsibility of individual states, who use OSHA guidelines in the passing of laws. There is no federal antismoking law.
State Antismoking Laws
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As of 2010, there are about 11 states that allow smoking in restaurants, although legislation is moving quickly to change this. A few states, such as Connecticut and New Jersey, allow smoking in private clubs and casinos; still more allow smoking in outside or properly ventilated dining areas.
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Refusing To Work
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There are no labor laws stating you do not have to work in a smoking section. Many employers feel it is implicit in the hiring process that you know this and will perform the requirements of the job. The state of Rhode Island, however, which has a restaurant smoking ban, says you can refuse to work in a smoking area of an industry that still allows smoking without serious consequence. Call OSHA or your state department of labor concerning your situation. If refusing to work in a smoking section causes job termination, redress may be possible.
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- Photo Credit smoking image by Dozet from Fotolia.com
