Employers who allow employee smoking breaks discriminate against nonsmokers. Consider the health issues, plus smoking breaks mean extra work for nonsmoking workers.
Employees who are allowed to take smoking breaks during work hours have an unfair advantage over nonsmoking employees. Chances are the nonsmoker gets no extra break time. Smokers cause discontent among coworkers, plus smokers can’t get as much work done when they take ten or fifteen minutes every 1 or 2 hours to light up and smoke. It’s the nonsmokers who are usually left to take up the slack.
The Fair Labor Standards Act
There is a Federal law and some separate state laws that define breaks. Is a worker entitled to a smoking break? The Web site, Environment, Health and Safety Online, posted the article, "What Breaks (Rest, Snack, Meals, Smoking, Health, Etc.) Am I Entitled To under FLSA (the Fair Labor Standards Act)?" The answer clearly states, "Employees have no rights in any state to have smoking breaks. In this day and age, understanding the adverse health effects that smoking has on smokers and those who breathe secondhand smoke, it is hard to believe that some smokers still think they have a "right" to smoking in the workplace or public venues."
In addition to the health risks for smokers and nonsmokers, nonsmokers that work in close proximity with smokers are subjected to the foul tobacco odor. Employees who are allowed to smoke in the break room or bathroom force others to endure the smell that clings to clothes, hair, and skin.
Smoking is Not a Disability, and Employers Lose Money with Employees Who Smoke
Some employees who smoke believe the habit qualifies as a disability and that allowances should be made on the grounds of nicotine addiction. Employers have the final say on whether time should be allotted or not to accommodate smoking individuals. However, considering the absurdity of treating a nicotine habit as a disability, and the objections voiced by nonsmokers who don't get extra breaks, the chances for a favorable disability ruling seem slim.
Heavy smokers who take a ten to fifteen-minute smoking break every hour are robbing the business of time and money. Nonsmoking employees have to take up the slack, performing extra work for smoking coworkers.
Do Smokers Produce More Work When Pacified by Cigarettes?
There is no evidence to support the claim that smokers work harder after smoking a cigarette. In fact, such a claim is considered to be nothing more than a justification for the habit. One or two hours after satisfying the craving, smokers want yet another break.
Employers should not have to make special allowances for smokers, including permitting breaks smokers feel they are entitled to. Low morale among other employees and the loss of revenue are valid reasons to snuff out smoking breaks. The compromised health and safety of nonsmoking employees and the potential for future health-related lawsuits should make the “no smoking breaks” rule an easy policy for any business owner to enforce.
The copyright of the article Do Workers Have a Right to Take Smoking Breaks? in Abuse is owned by Mary King. Permission to republish Do Workers Have a Right to Take Smoking Breaks? in print or online must be granted by the author in writing.
discontent
also arises from being paid more or given special treatment by the
employer. Life's not fair, deal with it.
"smokers can’t get
as much work done when they take ten or fifteen minutes every 1 or 2 hours
to light up and smoke. It’s the nonsmokers who are usually left to take up
the slack."
According to Salary.com, the biggest time
waster at work is personal internet use. "the average worker admits to
frittering away 2.09 hours per 8-hour workday, not including lunch and
scheduled break-time."
since smokers only make up 20% of
the population, then a lot of non smokers must be doing some major
"frittering"....
"Some employees even told us
other ways they waste their time at work, such as primping in the bathroom
mirror and having running races up the staircase with co-workers. One
respondent writes, "the hurried walk around the office is not only a
great way to look like you are busy, but also a good cardio exercise."
Other employees bring Game Boys or needlework to the office. And when all
other time-wasting tactics fail, there is always staring blankly at your
computer screen or out a window."
so if a person is outside
smoking, then it must be the non smoker wasting time with the above
activities, right?
Jul 1, 2009 1:41 PM
Guest :
smokers do not play bingo on the internet during work hours. we should
be allowed to smoke during our official break, away from non smokers so as
not to cause them any discomfort. the addiction from nicotine causes
light headedness and loss of balence after a few hours without a cig, does
our safety any enjoyment not matter.
Aug 27, 2009 1:48 PM
Guest :
awe looks like some smokers decided to comment.
to guest # 1:
Not EVERYONE works in an office. Some people actually work on
production lines, in factories, the military, etc. There is no office or
internet for employees to f*ck around on.
Personally, when I
served active duty USAF I worked in a mechanical field in an aircraft
hangar. Every hour the guys would take a smoke break for 15
minutes. When I thought I would go inside and sit down and take a
break, my supervisor and shop chief said " Do you smoke ? " my
reply was No, and they told me to get the hell back out on the floor,
therefore I was doing EVERYONE elses work because I was the only
nonsmoker.
Guest #2:
the addiction from nicotine
causes light headedness and loss of balence after a few hours without a
cig, does our safety any enjoyment not matter.
If you wanted to
get rid of that * side effect * go to your doctor and QUIT SMOKING. I like
how you complain about health but you still suck the hell out of that
cancer stick and are complaining about smoke breaks. Alcoholism is an
addiction too ----- but I bet you wont see any employers giving alcohol
breaks.
Sep 26, 2009 5:26 PM
Guest :
It doesn't take 15 mins to have a cigarette. Maybe if you work in an office
and you have to take the lift downstairs to the ground floor and then
outside to your 'designated' smoking area it will take a bit longer. There
should be designated smoking areas on each floor or every second floor. Non
smokers can stay away from these 'smoking rooms'. I was a reformed
smoker for 13 years. Unfortunately, it is a habit or addiction that never
goes away and I have returned to smoking. I work outdoors driving a van. My
work's policy is there is no smoking outside of the designated area at the
base shop. I can be suburbs away and not be back to base for 3 hours or so
but not allowed to smoke. It is a sackable offence. On a daily basis I put
my job on the line to 'sneak' in a cigarette hoping I am not caught. I am
not taking time away from my job as I can smoke and drive at the same time.
It is a fact that when the craving sets in you mind is not on what you
should be doing. All you can think about is 'I need a cigarette' and when
you have it all cravings are gone and your mind is back on the job 100%.
Oct 1, 2009 10:32 PM
Guest :
If you feel like you need your breaks then thats fine but non-smokers
should get these breaks too. I work in a restaurant and have a very
fast-paced, stressful job. I clean something up and five seconds later
someone spills something again. I just sit a table and almost immediately
another group comes in. I do pretty much the same thing as the smokers
except I don't get the breaks. Im not here to complain about my job, but I
do have something to say about smoke breaks. Most of my co-workers smoke
and I've tried it a few times but I've stopped for health reasons. The
area outside is pretty big and second-hand smoke doesn't bother me anyways.
I should be allowed this break along with everyone else, smokers and
non-smokers. But since all three of my bosses smoke and I don't, they wont
let me have this break. Why should I be punished for not wanting to smoke
and stay healthy? I am not suggesting that we take away your breaks, in
fact I like them, but I am saying that we should get them too. Doing all
the work while everyone else is outside smoking up a storm totally f*cking
sucks!
May 2, 2009
