Workplace Smoking Policy: Ethics, Law & the Old Smoke Case

Introduction and Situational Overview

Darlene works for Redwood Associates in the personnel department. At times, however, her job requires her to spend time in the main files room, where Frank and Alice work. Frank and Alice are smokers, but are always careful not to smoke around Darlene and to open the windows and air the room out. Nevertheless, Darlene is sensitive to the odor of stale smoke, some days more than others. On a particular Monday morning, Darlene was not feeling well and had to work in the file room. Over the weekend, the odor of smoke had settled, and despite the room having been aired out, she found it reeked of smoke. This prompted her to tell her supervisor that she simply could not work in that room. This was unfortunate, because her supervisor needed a report that required working in the file room. The supervisor, Charles, was left in a conundrum — legally, morally, and operationally.

Tobacco products are controversial yet pervasive in the contemporary world. Up to one-third of the global adult population uses some form of tobacco on a regular basis, yet tobacco is believed to cause over five million deaths per year. In developed countries, largely due to stricter laws and bans on advertising, smoking has leveled off; however, in developing countries the number of active smokers has risen each year over the past two decades (Tobacco Facts, 2006). The laws in most states prohibit smoking in the workplace, particularly in an enclosed structure. The rationale is that smoking is optional — a choice — but breathing is not. Smoking bans exist, therefore, to protect people from second-hand smoke and from the smell of smoke, which many find nauseating. Research has shown that second-hand smoke is as dangerous as direct smoking, and that smoke odors have the potential to cause headaches, nausea, runny nose, and other illnesses (Danoff, 2011).

The state in which Redwood Associates is located does not appear to have a strict non-smoking ban, relying instead on the good judgment and empathy of workers and supervisors to find a mitigating arrangement that works for most employees.

References

Co-Workers Can Sue Over Excessive Perfume in the Workplace. (2009, August 28). Godlike Productions. Retrieved from http://www.godlikeproductions.com/forum1/message869754/pg1

Danoff, R. (2011). The smell of tobacco smoke. MSN Health. Retrieved from

Grensing-Pophal, L. (1999). Smokin' in the workplace — disadvantages of allowing smoking in the workplace. HR Magazine/Find Articles. Retrieved from http://findarticles.com/p/articles/mi_m3495/is_5_44/ai_54711191/

Indoor air quality in hospitality venues before and after implementation of a clean indoor air law. (2004, November 12). Centers for Disease Control and Prevention — MMWR. Retrieved from http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5344a3.htm

Negative ions: More scientific research. (2010). Comtech Research. Retrieved from http://www.negativeiongenerators.com/negativeionsresearch.html

Tobacco facts. (2006). Tobacco Truths. Retrieved from http://www.greenlivingtips.com/articles/190/1/Tobaccos-environmental-impact.html

Troyer, J. (2003). The classic utilitarians: Bentham and Mill. New York: Hackett Publications.