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Old 09-25-2019, 05:59 AM   #1
RENN
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Default Smoking in the office

Upstate NY

Our firm has a no smoking policy but the head of our division DOES smoke and in his office. His office is a bit separated but not totally. It bothers my asthma.

HR wont do anything. Is that legal to be smoking in the office?
Can I get state authorities to do something? I am afraid if I say anything more in the office I will be fired.
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Old 09-25-2019, 09:51 AM   #2
AFFA
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Default Re: Smoking in the office

I wish to inform you that smoking ban in office can be applied. In this if a particular person is not following then you may report matter to your top management. If they refuse to take action then you may file a lawsuit seeking court order regarding enforcement of no smoking ban and compensation for pain and suffering caused because of smoking.

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Old 09-25-2019, 10:51 AM   #3
adjusterjack
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Default Re: Smoking in the office

Quote:
Originally Posted by RENN View Post
Upstate NY

Our firm has a no smoking policy but the head of our division DOES smoke and in his office. His office is a bit separated but not totally. It bothers my asthma.

HR wont do anything. Is that legal to be smoking in the office?
Can I get state authorities to do something?
Check out NY's Clean Indoor Air Act:

https://www.health.ny.gov/prevention...ndoor_air_act/

I don't have time to go through it all so you'll have to find out the answer on your own.

Quote:
Originally Posted by RENN View Post
I am afraid if I say anything more in the office I will be fired.
You got that right. Whatever you do, do it quietly and anonymously.
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Old 09-25-2019, 09:11 PM   #4
olive
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Default Re: Smoking in the office

It is not legal to smoke inside offices in NY and the exceptions are exceedingly rare, and you normally would have to be informed if they apply.
So tell your firm it has to stop.
Or see a gov official or lawyer if they refuse.
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Old 09-26-2019, 07:05 PM   #5
Highwayman
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Default Re: Smoking in the office

Quote:
Originally Posted by AFFA View Post
I wish to inform you that smoking ban in office can be applied. In this if a particular person is not following then you may report matter to your top management. If they refuse to take action then you may file a lawsuit seeking court order regarding enforcement of no smoking ban and compensation for pain and suffering caused because of smoking.
Applied? You don't seem to have a grasp of the appropriate laws. Pain and suffering? What kind of nonsense is that?
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Old 09-26-2019, 07:15 PM   #6
Mett67
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Default Re: Smoking in the office

https://no-smoke.org/legal-requireme...ct-nonsmokers/

I am not so sure affa is totally off-base.
See the link above and ALL the various causes of action against employers
that do not enforce the no-smoking laws/rules.
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Old 09-26-2019, 07:24 PM   #7
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Default Re: Smoking in the office

states allow you to sue your employer in very limited circumstances, including when your employer intentionally hurt you...

___


Can I sue my employer in court over a work-related injury?
Usually, no. As a general rule, you're limited to the benefits you receive through workers' comp, which means you can't sue for damages like pain and suffering or mental anguish.

But some states allow you to sue your employer in very limited circumstances, including when your employer intentionally hurt you...
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Old 05-26-2020, 06:15 AM   #8
Lexus
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Default Re: Smoking in the office

Smoking is prohibited throughout the workplace, in copy machine and common equipment areas, and in company vehicles. New York laws don’t address the specific areas of a workplace where smoking may be permitted. Remember that some workplaces might already be subject to New York or local laws that regulate smoking in public, or smoking in or around certain kinds of businesses.

Workers who are not currently protected by state or local laws that create smoke-free workplaces nevertheless have legal options available. For example,

• An employee could file a workers’ compensation claim against an employer/head of your division for illness or injury attributable to exposure to secondhand smoke on the job. Such claims may increase an employer’s workers’ compensation premiums,
• an employee could file a disability discrimination claim that an employer failed to provide a “reasonable accommodation”—in this instance protection from exposure to secondhand smoke—if the worker has a disability (such as asthma) that is exacerbated by exposure to secondhand smoke, or
• an employee could file a claim that the employer failed to provide a safe workplace, based on a common law duty.
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Old 05-26-2020, 06:31 AM   #9
Dannenal
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Default Re: Smoking in the office

They should also stop all that "hovering around the door" smoking too!

I get a big gulp of hot fresh smoke every morning at my office entrance.
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