Smoking Ban. Discrimination and Human Rights Violation in the Workplace?

Question

The soon to be enforced ban on smoking in the workplace is concerning to myself and my colleagues at my place of work.

The company I work for operates a Day Shift and a Night Shift. The Day Shift have been given an area outside the building in which they may partake in the self administration of the addictive substances contained within cigarettes, that, incidently, are legally sold by the same company, on paid and on unpaid breaks.

The Night Shift are being told that no such provisions will be made as allowing staff to leave the premises presents itself a potential security threat, and thusforth they are expected to work a 10 hour shift without being able to feed their addiction like their Day Shift colleagues.

I personally believe that this is discriminating against the nightshift, and is a human rights violation as it shows no respect for private life.

Does anyone else have similar views,The Hardcore Anti-Smoking Lobby need not respond, other non smokers welcome though.

Answer 1

Its a twisted piece of legislation, not thought through fully, has more holes in it than a sieve and endorses rights on people that have had the choice taken away from them. The HRA is as bad, how can you tell people they cannot smoke inside but they can pollute everyone else outside, whether they smoke or not. I don't smoke, never have and I feel angry that an ill thought Parliamentary act can be imposed on democratic sovereigns. That's what I think anyway!!!.

Answer 2

The whole point of any government is to restrict individual freedom in favor of the greater good. No one has a problem when government restricts people from killing and stealing. That, however, infringes on the individual freedom of people who like to steal and kill. What makes it a free country is the ability to criticize the government when you don't think they made the right choice. If you had a business in China, you wouldn't be able to post this without fear of reprisal. You also have freedom in that you can, if you so desire, work to change the government policy. You have access to political power through your right to vote and your right to free speech. I think your issue is not with your "freedom" but what you believe constitutes the greater good. Is it more important that people be able to smoke or is it more important that people who do not smoke are protected from the harmful affects of smoke? Is it more important that people get to eat tasty food or is it more important that stupid birds are saved from being force feed? I believe both regulations have considerable merit. But I'm also a smoker and a fois gras consumer. Now the real question is whether the birds are adequately protected from second hand smoke . . . .

Answer 3

It is not a human rights violation, although you do have a point about it possibly being discriminatory against 3rd shift employees and you can go to Human Resources about the inconsistency; what will highly likely end up happening is the day shift will not be able to, to quote you "feed their addiction" either.

If you do report the problem to Human Resources, request to remain anonymous and for goodness sakes, do go whining or bragging to your co-workers about what you have done because if the dayshift smokers find out you making a fuss is what causes them to not be able to smoke on thir breaks, they will all hate you and be very quick to rat you out on any and all miniscule mistakes or company violations you make.

Most State are at will employment, meaning if you do not like the terms and conditions of your employment, you are free to seek employment from another employer that better suits your needs.

Answer 4

Under what theory of law do you find smoking guaranteed as a "RIGHT"?

The fact is, the company has the legal right to establish policy and to enforce it as they see fit. And since 'smokers' are not a protected class of citizens under EEOC or DOL regulations or any other theory of law, you have no basis for which to file a complaint.

And if you have a union and they are stupid enough to get involved in this matter, the fact is the company will most likely forbid smoking on their entire property.

And before you go off, I have smoked for 20 years. It's called respect. If you don't want me to smoke in your house I won't. But don't come to mine and ask me to put it out.

Answer 5

Certainly sounds like discrimination to me. As a smoker myself I respect the fact that restaurants etc. and enclosed public spaces should be smoke free and also agree with the policy of not smoking around children, but when I am told I cannot smoke in my car during my breaks at work I strongly object and feel that it is against my rights.

Answer 6

I don't believe is a violation of human rights. If other people felt the need to pop out to their car for a coke every few hours, that wouldn't be tolerated. I'm a smoker and I'm all for the smoking ban. It is an addiction, it will help tremendously when trying to give up that I won't have my work colleagues saying ' I'm off out for a ***' and offering me. Just my opinion.

Answer 7

Hi Stew,

Well, as far as human rughts are concerned you do not have a right to harm yourself or others.

The other issue here is the fact that you are on private property and the company, within the law, may do what they want or impose any rules they wish.

As smoking is detrimental to your health, they have the right to impose this rule.

Sorry but that is the way of it.

I am a smoker.

Answer 8

Oh, come on folks. I understand why you are pissed -- but a human rights violation? How is smoking a "human right"? Life is a human right. Physical liberty (from imprisonment) is a human right. Basic bodily integrity is a human right. Access to one's property is a human right. But smoking? What's your philosophy, anyway? That if you really want to do something, it's a human right because you want to do it? I guess the fact that I don't have a 16-bedroom apartment on Park Avenue with a maid and two butlers is a violation of MY human rights. Should I sue those responsible? Please.

Answer 9

Under those conditions yes there is a positive discrimination at work and you should contact your Union and reps for further advise! If you have no recognized Union working there, then you are going to have to form a body of colleagues that can approach management and point out this problem to them and the discrimination.
However be prepared for the worst, your management might say No Smoking and remove the smoking area, as they do not have to provide one.
I work in the transport industry (rail) and our company along with many of the others around have taken the step to ban all smoking throughout its premises, that includes all open spaces inside its boundary fence. Smokers will have to go without. But they have indicated thatt they are willing to pay 50% to course, anti smoking drugs and even alternate methods.
Perhaps you would like to enquire to your management if they are going to help with the smoking addicts and encourage rehibilitation.

Answer 10

It's all very well to talk of one's human rights and bla bla bla, but remember: Your rights (whatever they may be) end where those of other people begin. If you think you have the right to smoke and poison other people, other people also have the right to enjoy fresh, clean air PERIOD.