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Reuse Request

There are only three employees in my business. If everyone agrees, may we smoke?

No. State law used to permit smoking in the workplace if your business had a total of five or fewer employees and certain conditions were met, such as not allowing minors in the space and having proper ventilation. Legislation enacted in 2016 eliminated this small employer exception.

For more information, see Smoking in the Workplace in the HR Library.

Q&As

What do I do if an applicant’s drug test comes back positive?
Can I let an applicant start working while I wait for drug test results?
Can I still deny employment if an applicant used cannabis three weeks ago and it is showing up on a drug test now?
Can I ask a candidate about smoking during a job interview?
Do I need to be certified as a drug-free workplace?
Can we conduct in-house drug testing?
Can you define "reasonable suspicion" with respect to reasonable suspicion drug or alcohol testing?
What can an employer do when an employee comes back from breaks reeking of cigarette smoke?
My employee has informed me that they will be entering an alcohol rehabilitation program. Can we terminate their employment? Does it make any difference if they're a new employee and has told me that they have been in two other rehabilitation programs?
Do we have to file a workers' compensation claim for an employee injured on the job and who tested positive for marijuana?
How do I implement a random drug testing policy?
What is the law in California about smoking in the workplace?
Do we need to give an employee protected time off to enter a substance abuse recovery program?
My office is equipped with a window exhaust fan. May I smoke in my office?
What can I do if our company requires pre-employment drug tests, but an applicant refuses to take the test?
We required a visibly intoxicated employee to take a drug test and it came back positive. What do we do?
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