I. Right to Work in a Smoke-Free Environment

Most states have passed laws recognizing the rights of nonsmokers to work in a smoke-free environment. Various federal agencies, including the Merit Board and the Equal Employment Opportunity Commission, have ruled that employers must take reasonable steps to keep smoke away from workers who are sensitive to it, and OSHA has issued similar requirements to enhance safety in the workplace. If you have any trouble in this area, gather the facts and speak to management. Confirm all grievances in writing to document your claim (as the letter on the following page illustrates).

If you receive a negative response, send a follow-up letter (like the one on page 134) and speak to a lawyer to protect your rights. Contact an appropriate agency for further advice. A regional Department of Labor, Department of Health, or OSHA office will provide you with more information. Finally, speak to a doctor about workers' compensation. If you incur medical expenses due to a smoke-related on-the-job illness, discuss filing a workers' compensation claim with your doctor.