Open AccessLegal Risks to Employers Who Allow Smoking in the Workplace
Author(s) -
Leslie Zellers,
Meliah A. Thomas,
Marice Ashe
Publication year - 2007
Publication title -
american journal of public health
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 2.284
H-Index - 264
eISSN - 1541-0048
pISSN - 0090-0036
DOI - 10.2105/ajph.2006.094102
Subject(s) - obligation , harm , business , workers' compensation , compensation (psychology) , duty , liability , environmental health , occupational safety and health , secondhand smoke , law , medicine , psychology , political science , finance , psychoanalysis
There is mounting evidence that documents the dangers of exposure to secondhand smoke, including in the workplace. In states that permit workplace smoking, employers face significant legal risks from employees who are exposed to secondhand smoke on the job. Employers have been held liable for employee exposure to secondhand smoke in numerous cases, including those based on workers' compensation, state and federal disability law, and the duty to provide a safe workplace. Given this liability risk, employers should voluntarily adopt smoke-free workplace policies. Such policies do more than fulfill an employer's legal obligation to provide a safe workplace; they also reduce the risk of litigation, potentially reduce workers' compensation premiums, and protect employees from harm.