Per OSHA, is this an acceptable place for employees to smoke? (posted in Answers)
There are no OSHA standards addressing cigarette smoke as it is not a regulated air pollutant, nor are there established exposure limits to enforce. However, if you have a serious medical reaction to the presence of smoke inyour work area it could end up as a recordable injury/illness if professinal medical attention is required (which would also make it covered under orkers comp laws... aggravation of a controlled preexisting condition). While personal illness is generally not a condition for a workplace injury/illness the fact that it was triggered by a workplace environmental condition would likely make it recordable int he eyes of OSHA (this would be similar to mold), meaning that once it is a recognized workplace hazard the employer would be obligated under the General Duty Clause to take action to prevent recurrence. In your case that would likely be moving the smoking area so the smoke cannot open the door or moving your work area to an unaffected part of the building.
Good luck... I'm not allergic to smoke, nor do I have athsma, I just hate the smell of it.
We have to be 20 feet from any door. I really don't know how that helps because most of the time it pushes them on the sidewalks and then we breath it evertime we walk by.
I am a smoker, but only smoke in my backyard. I never smoke out around people. I am not sure how to make everyone happy with this, because if there is non smokers there never be just the perfect spot.
Quoting 1Giovanni:We have to be 20 feet from any door. I really don't know how that helps because most of the time it pushes them on the sidewalks and then we breath it evertime we walk by.
I am a smoker, but only smoke in my backyard. I never smoke out around people. I am not sure how to make everyone happy with this, because if there is non smokers there never be just the perfect spot.
Doesn't seem ok to me. The post said per OSHA, I guess I'd like to see where OSHA designated this area :)
Side note we don't allow any smoking on our business property at all. Employees must leave the property to smoke, and be 20 feet away from the property. Our local hospital is the same, and doesn't even allow employees to smoke in their cars. But then, we are in California, and our entire city is pretty anti-smoking. No smoking within 20 feet of any public building and a myriad of other rules.
Now in reading this again, you should talk with your boss. You have a condition that is exacerbated by smoke. I'm not sure if they are required to accommodate you, but if you make an issue of it, they could be.
I think the best way is to discuss it with your boss and try to move somewhere so it doesn't affect you so much, perhaps even some fans placed in that area so the smoke goes away fromt he building instead of toward you. Perhaps they'd be nice (since it doesn't appear they are required to) and even move the smoking area?
Our local area (not sure if its state or city) has a ban of at least 15 feet from all doors.
Can they put a fan in front of the door and point it out so the air flow is out of the building and not in?
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on Jun. 1, 2012 at 9:23 AM