Smoke Breaks at Work: A Legal Perspective
Requirement for work break authorization during smoking breaks at the workplace?
Work can be challenging, and sometimes taking a moment to relax is necessary. For smokers, this might mean a quick cigarette break. But should the employer permit this?
In the words of Jakob T. Lange, a specialist lawyer for employment law in Wiesbaden, "A cigarette break is a regular break, an interruption in working time." This means that, if you decide to take a smoking break, you should regularly sign off for the time. Employers can also require employees to clock out and may consider the time taken for a smoking break as unpaid.
However, employers have certain circumstances where they can limit or prohibit smoking breaks. For instance, the health protection of non-smokers and fire safety are factors to consider. In a gas station, for example, due to fire hazards, smoking may be restricted to specific areas.
Despite these limitations, a complete smoking ban for employees is generally not enforceable, according to legal expert Lange. Employers must consider the co-determination rights of the works council when implementing any smoking-related regulations, if one exists in the company.
### Legal Insights- Workplaces may have specific laws regulating smoking to prioritize health and safety, such as prohibiting lighted tobacco products in indoor workplaces. Oklahoma law serves as an example, banning smoking in work areas, lounges, restrooms, and more.[1]- Employers must comply with federal and state laws requiring clear smoking policies to establish expectations and protect the business.[3]- Employee rights include a safe workplace free from tobacco smoke exposure, reasonable break times, and protection from discrimination based on smoking habits.[5]- Employers should develop smoking policies through employee consultation, provide training, document the policy, and enforce it consistently.[5]
About the person: Jakob T. Lange is a specialist lawyer for employment law and a member of the managing committee of the employment law working group in the German Bar Association (DAV).
Source: ntv.de, awi/dpa
- Legal Questions
- Smoking
- Employers
- Employees
- Employment Law
- In the context of workplace policies, employers should address smoking within their community and workplace-wellness initiatives, considering science and health-and-wellness aspects.
- When establishing or revising their employment policy, employers must comply with legislative requirements regarding smoking, such as providing a safe workplace, allowing reasonable break times, and abiding by laws mandating clear smoking policies.
