Can an employer stop you from smoking in your private vehicle at break time or lunch time, I live in NYS.?
406791
Are you sure that you are accurately reporting the information the attorney gave to you?  If your vehicle is parked on the private property of your employer, the laws of your state may very well give them the right to enforce this policy.\n\nRegardless of what you feel about the policy, chances are that you are an "at will" employ unless you belong to a union.  I am not aware of any state or federal law that would protect you if your employer fired you for violating the policy.  So you have two choices:  (1) stop smoking; or (2) go off the property to smoke.
618180
The reason for the law (and it does not include every public area) is due to the fact that "second hand smoke" is believed to cause cancer.   I don't know where you live, but in Maryland you can still smoke in diners, clubs and bars in designated areas.  You can don't smoke in any government buildings, and most office buildings.   As for its origins in South Africa, I don't know about that.
461943
I live in Arkansas and I have not heard of this law.  Do you have any links to documentation on it?  I know several towns are banning smoking in restaurants and other public places, but I have not heard of any having to do with smoking in vehicles.
870228
Private clubs ARE exempt from this law; unfortunately, they have to operate as non-profits which you will NOT be able to do with your bar. There are very few loopholes if you read the full text (available at http://www.smartvoter.org/2006/11/07/oh/state/issue/5/). \n\nYour best bet is going to be to open up (or add on, if you have to) an outdoor patio that meets the requirements of this stupid law, and get a nice outdoor heater or two for winter. Maybe put up a roof with a tv or speakers (depending on your gimmick - tv if you broadcast sports games, speakers if you've got live music, you can pump it outside.) It will cost a little money initially but I bet you'll bring in more business if you have a somewhat comfortable and entertaining place for the smokers year-round.\n\nTo the last person: this new law goes beyond smoking. It's telling business owners how to run their personal businesses. It is NOT illegal to smoke. If most people don't want to be in a smoky bar, let them vote with their feet and not go there. I live in Ohio and there are bars near me that are non-smoking by the owner's choice. Some restaurants are completely non-smoking - owner's choice. If you don't like seeing people drinking, respond by not hanging out in bars - NOT by banning alcohol.\n\n(Voted against issue 5, needless to say!!)
610849
All workplaces are required to be smokefree, except for bars, bar sections of restaurants, tobacco retailers, bowling centers, and bingo halls.\n\nThe stricter laws in Corvallis, Eugene, and Multnomah County still apply in those locales.
941463
I am in North Yorkshire, UK. I take a packed lunch which normally consist of a sarnie, light crisps and low fat yoghurt. No alcohol. I personally wouldnt consume alcoholic when working, I'd normally leave it till the weekend. I dont think it is wise to drink and return to work. It could affect your performance and attitude towards others, let alone the sheer embarresment of your boss smelling it on you!
239866
Smoking interferes with my life in every aspect, including work. The cravings cause me to become distracted at work. Out in public I have to search for places that allow smoking. On trips; disney world, the bronx zoo, etc., I have to plan the visit around the smoking areas. It controls me; I can't control it.
813310
NO. \n\n1. Secondhand smoke is DANGEROUS and the SMOKE does not know to stay out of the "non-smoking" section.\n\n2. An addictive narcotic is not added to fast food.\n\n3. Smoking does more damage than poor eating habits.\n\n4. The fast food makers did not LIE about what is in their products.
987631
I doubt if you can open a smoker's bar, however depending on the language of the law, you can open a private club, charge a small fee to be a member, not open to the public.  If it is a private club, they can't touch you if it is not written in the ban.
1107782
In CT it's against the law to smoke in public restaurants, bars, and other eateries where the smoke can and most likely will be considered offensive. But unfortunately not too many states have laws like this so if this is not the case for you you may want to send your local representative a letter or somehow communicate with him/her about something like this. I think it's a great law and can greatly help with people's health in general. Otherwise you'll unfortunately have to find another place to do whatever it is that you do since some areas (especially outside) you're allowed to smoke in. But some places like amusement parks and other places that young children may frequently visited are generally smoke-free as deemed by the company that owns the place and/or property. It all depends on the situation; well really that is where you are.
915447
Really, this is a capitalist country. Competition and the free market are supposed to take care of everything. The point is, if people don't want to deal with smoke at a restaurant or bar, they'll go to a nonsmoking establishment. If the smoking establishment loses business they might consider banning smoking. That's how America works! You're totally right that it should be up to the individual owner. It's his own paycheck he's screwing with so he will make the right decision based on what kind of people patronize his place. It really pisses me off too that towns and states ban smoking.
602367
Carefully check out your local laws; check your health department to see if they have any advice. Where I live, in the U.S. in a rather conservative state, you can 1) file a lawsuit against the building since they are providing you heat or a/c contaminated by a carcinogenic substance; 2) sue your neighbors for creating a nuisance. Where I live yes, you are free to smoke yourself to death, but you have to contain your cigarette smoke to your unit or outside. \n\nPeople here are also signing petitions to prohibit smoking at all in their apartment buildings/condos. A fascist approach, yes, but they apparently feel it necessary to keep people's carcinogens outside of their own living spaces.
1130743
I believe that if there is only one employee on the property for the entire shift, then he cannot "remove from public view" to eat and rest.  But from what I have been told, a Break MUST be taken. (or at least not paid for)  Most small businesses split that 30 into two 15 minute breaks at the 0.25 and 3/4 marks in the shift for "heavy" snacking.  If a business is that small (like ours) that one person IS the shift, the customers usually don't have a prob. with them snacking at the counter.
849457
The problem with allowing smokers to smoke in private businesses is largely an issue of interstate commerce and healthcare.  Both of those are issues that the Federal Government can legislate and therefore regulate.  So legally speaking, while the government is allowed to regulate.\n\nLet's not dismiss the potential benefits for this regulation:  there could be a decline in health problems that result from second-hand smoke.  Smoking not only affects the patrons of the establishment but also the employeers/employer.  A poor college student who can only find decent wages at a bar, but doesn't smoke, shouldn't be subjected to inhaling the smoke from patrons.\n\nThere is a correlation (note, not established causation) between second-hand smoke and the decline in one's health.  The costs of health care premiums are absorbed by US . . .  not by a stranger in middle management and not by your annoying co-worker.  \n\nHOWEVER, opening up this door and allowing the government to go about regulating and prosecuting violations of these smoking bans is also costly.  Patrons decide to buy alcohol and stay home because they can smoke at home -- or they smoke at a friend's.  They spend less time at those places of business because smoking is a daily habit and if they're forced to go outside everytime they want to smoke . . .  they're probably not going to spend as much time at that place of business as they previously did.\n\nUnless the government also provides financial compensation for those businesses, they lose money.  They then have to cut jobs.  That hikes up the unemployment rate.  THAT hikes up the unemployment checks (that are, once again, paid by us).  And this sounds like awfully bad decision-making for the economy which is already struggling.\n\nThe decrease in jobs means the decrease in spending which means money isn't being put back into the marketplace which means prices go up which then causes purchasing to go down.  And that sucks for everyone.\n\nThe Government should be more concerned with how we're going to handle this war in Iraq and less concerned with smoking bans.  Perhaps they can enforce regulations like smoking only allowed in certain establishments or "rooms" or at certain times.
348524
I would but NO. And why? By keeping it illegal I think they are just trying to make a private thing. Ya know, people complain about the second hand smoke from cigs could you imagine the mass witch fest that would go on because of that & the fact o contact buzzes. Then wht about the job market? Don't already have enough problems with drunk driving too? It does sound great but the reality is just to impracticle. Maybe you are fine & still live life happily but many others would not. I just say becareful when you have it in tow & I do what you like in private. I've seriously thought about it.... More than once. The cops really don't bother anyone, people are just gonna be at the wrong place at the wrong time & catch the heat. That's just life. Most smokers aren't really winning at the game of life, really most of them aren't.... I guess there's just some it works for & say cool!
598851
Tell the people you live and work with not to let you smoke, particularly if they're in a position of authority or don't like you. Eventually you won't be able to smoke anywhere you know people and quitting will become easier
891581
Simple.  It's against the law for them to be smoking there plain and simple.  Next time you speak to a manager all you have to do is say that you have contacted the health department, given them your name and place of employment and that you believe those whom are smoking inside shouldn't be.  This manager will immediately contact the owner/boss and let her know.....it will then be remedied without you losing your job because they know you've given your name and place of employment.  Also, contact your local chamber of commerce and tell them your problem...they will also direct you to more of the right places that will be on your side.  What the owner is doing is against the law.... And, for fun, I'll call them if you want me to.....I'm a licensed attorney and I love doing stuff like this.  let me know, be well, jack