Thinking about creating the perfect outdoor smoking area?
Don’t waste time throwing an ashtray out front and calling it a day. There are laws, fines, and safety issues to consider first.
But here’s the real kicker…
Get it wrong and your business could be liable for fines of up to $70,000. California employers risk fines up to $70,000 for repeat violations of California’s workplace smoking laws.
Sounds pretty drastic right?
But that’s because most employers think setting up a smoking area is either just common sense or plain silly.
Well guess what?
It’s neither.
In this complete guide to creating a smoking area that keeps employees of all types happy, you’ll learn exactly what it takes to make your smoking area compliant, safe, and legal. Whether you have employees who prefer select smokes or conventional cigarettes, they’ll all require a space that complies with the law and protects your non-smokers from secondhand smoke exposure.
So let’s get into it.
You’re going to learn:
- Why Proper Smoking Areas Matter More Than Ever
- The True Cost of Getting It Wrong
- Essential Design Requirements That Work
- Making Your Smoking Area Compliant (Without Going Broke)
- Safety Features You Can’t Ignore
- Pulling It All Together
Why Proper Smoking Areas Matter More Than Ever
Does your business even have smokers anymore?
Good question.
Believe it or not, according to recent statistics, 20% of non-smokers still report exposure to secondhand smoke on the job at least once a week in workplaces that permit smoking. That’s one in five of your non-smoking employees getting hosed with smoke they never signed up for.
And get this…
Even with smoke-free workplace laws in most states, millions of people still work and smoke. The Centers for Disease Control and Prevention (CDC) found that “during 2020-2021, about 1 in 5 (18.7%) working adults in the United States currently used any form of tobacco product.”
That’s a ton of people. If you have smokers on your payroll, they’re going to need somewhere to smoke.
The problem isn’t going away.
In fact, it’s only getting trickier. Every state has different laws. Industries have different demands. And individuals have different opinions about where smoking is and isn’t okay.
But here’s what is consistent:
If you’re going to have a smoking area, you need to get it right.
The True Cost of Getting It Wrong
Here’s something most employers don’t consider…
Smoking-related issues cost businesses way more than the upfront expense of setting up a smoking area.
Let’s do some math:
Smokers take an average of 31% more sick-leave days than non-smokers. We’re talking almost a third more time off work. For productivity lost to smoke breaks alone, every smoker costs their employer an estimated $3,077 per year.
Think that’s bad?
Try fire insurance rates dropping 25-30% when businesses go smoke free. In other words, if you allow smoking but haven’t set up a safe, compliant smoking area, you’re actually paying more for insurance.
But wait, there’s more…
The Occupational Safety and Health Administration (OSHA) can cite employers for up to $7,000 for general violations and a whopping $70,000 for willful serious violations. OSHA isn’t just giving you a slap on the wrist anymore, folks. These are checks that can seriously hurt your bottom line.
Super expensive mistake, huh?
Essential Design Requirements That Work
Ok so how do you build a smoking area that actually works?
Good question.
Here are the absolute essentials to get you started:
Location, location, location. Your smoking area needs to be at least 20 feet from any main entrance or exit, operable windows, or ventilation intake. This is not optional. This is the law in many states.
Require physical separation from non-smoking areas. You need a wall, fence, or other physical barrier that completely separates your smoking area from the rest of the workplace. Lines painted on the ground are a joke and will get you cited.
Ventilation is a must. If it’s an enclosed smoking room, that means ventilation that vents directly outside with no recirculation of air back into the building. None. Zero. Zilch.
Provide necessary fire safety equipment. Fire extinguishers, proper butt disposal containers, and nothing flammable nearby. Remember those insurance savings mentioned earlier? This is how you get them.
But here’s the thing most employers miss…
Signage is not just a “Smoking Area” sign.
You also need “No Smoking” signs at each entrance to your facility. Signs marking the beginning and end of your smoking area. And in some states, those signs have to be a certain size: 18 inches wide by 6 inches high, with 1.25-inch lettering.
Sure, it seems like overkill.
But trust me, clear signage prevents so many more problems than it causes.
Making Your Smoking Area Compliant (Without Going Broke)
So about that compliance thing…
You do NOT need to drop a ton of money to get compliant. You just need to be smart about it.
Start with the basics:
Post clear signage where it’s required. That’s your cheapest and most effective first step.
Use physical barriers if needed using existing structures when possible. A covered area away from the building? Perfect. An underused loading dock area? Might work great.
Install proper disposal containers. Not just any trash can. Actual cigarette butt disposal units designed to prevent fires.
Document smoking policies. Where employees are and aren’t allowed to smoke, including designated smoking areas. And what the penalties are for non-compliance with those policies.
Train managers on enforcement. You can and should allow managers to ask smokers to stop smoking where they’re not allowed. They do not have to physically remove an employee from the premises.
Smart move?
Make your smoking area pleasant enough that employees want to use it. Covered shelter from rain. Seating. Lighting. These things take money upfront but will save you headaches later.
Because what happens if your smoking area sucks?
Employees smoke where they’re not supposed to. Tucked in stairwells. Sneak cigarette breaks near doorways or exits. You name it, they’ll try it.
And you’re right back to square one with compliance issues.
Safety Features You Can’t Ignore
Some safety features are non-negotiable:
Fire prevention is at the top of the list. Smoking materials cause serious workplace fires every year. Get proper ashtrays or disposal units that won’t tip over or let fires spread.
Adequate lighting is a must, especially if you have evening or overnight shifts. Dark smoking areas are just liability disaster waiting to happen. Trip and fall accidents, you name it.
Non-slippery surfaces. If employees are standing or walking in your smoking area, you need non-slip flooring where people are standing. Wet cigarette butts on smooth concrete is a lawsuit waiting to happen.
You’ll also want to consider:
Weather protection. Make your smoking area usable year-round with at least some protection from weather. Nobody wants to use a smoking area that’s miserable to be in.
Security cameras. They seem like overkill but are useful for both safety and compliance monitoring.
Emergency communication access. If something does happen, employees need to be able to easily call for help.
Regular maintenance schedule. A smoking area that’s falling apart is both unsafe and likely non-compliant.
Pulling It All Together
Setting up a compliant, effective smoking area at work isn’t just about the law. It’s about creating a solution that’s actually good for everyone.
Smokers need somewhere safe and comfortable to take breaks. Non-smokers need protection from secondhand smoke. You need to avoid fines, lawsuits, and productivity losses.
The good news?
When you do it right, everyone wins. Smokers have their space, non-smokers can breathe easy, and your business stays compliant, productive, and safe.
Did you see those statistics about sick days and productivity? A well-designed smoking area helps minimize those issues. Keeps smoke breaks controlled instead of random and disruptive.
But most importantly…
It shows you take employee health and safety seriously. And that matters more than you think for morale, retention, and your company’s reputation.
Don’t wait for a complaint or citation to figure this out. You’re losing money and goodwill every day without proper smoking area compliance. Every day is a day you risk serious consequences.
Take action now.
Review your current set up, see where the gaps are, and fix them before they become expensive problems.
At the end of the day, a properly designed workplace smoking area isn’t an expense. It’s an investment in a safe, compliant, smoothly running workplace.
