Old_Smoke

Old Smoke Pamela Wiggins Professor Monica Sudeall Business Ethic-BUS 309 May 29, 2011 Explain how you would handle this situation if you were Charles Renfold. Each state has different laws on banning cigarettes in the work place. Most states that have adopted this policy mandate that there be a designated smoking area within the enclosed structure with a separate ventilation system. Redwood Associates doesn’t have a no-smoking policy so they accommodate smokers and non-smokers. Alice and Frank are two smokers in the company and work in the main office where they are allowed to smoke. However, this office is utilized by other employees of the company as well from time to time that are non smokers and find the lingering stench of old smoke to be offensive. Darlene who is a non smoker has been summoned to work in the main office and is refusing to do so because of the smell. Darlene has a right as a non-smoker to work in a smoke free environment. Now that she has refused to work in the main office because she can’t stomach the lingering smoke odors production is affected. As the manager, her complaint can’t be ignored or swept under the rug. I would not force Darlene to work under those conditions because of her rights to be in a smoke free environment, as the manager if no one else could do the work than I would have to get the work done to meet the deadline so production isn’t hindered. Once I am at the main office, I would make Frank and Alice aware of the current complaints and suggest they smoke outside. Smokers are aware how powerful smoke can be because of the damage it does to the body. As a smoker myself, I don’t like to be in closed spaces smoking because it smells so badly and I don’t care to be around smoke if I’m not smoking. I sympathize with Darlene there are several things smoke can cling to that harbors the smell. Cigarette smoke makes your fingers and your breath stink, your clothes smell, carpet holds the odor and so does furniture and curtains. I would make Alice and Frank aware that the complaints may go up the chain of command so expect changes towards smoking in the work place. Describe the policy on smoking that you would recommend to Redwood Associates. I would propose to the associates that we need to ban smoking in the offices. The law states that if smoking is permitted in the work place, which is in an enclosed structure, should be a room with a separate ventilation system. It is unfair to non-smokers to be subject to stench of cigarette smoke and the health issues that comes with it. If the company doesn’t want to invest in separate ventilation system we can designate a smoking area outside for smokers. It should be at least twenty feet or more from the entrances and windows. Smokers may feel ostracized but their right to smoke isn’t violated. The right of non-smokers to have a smoke free work environment is accommodated as well. Smoking claims the lives of millions of people annually and drive health benefits sky high for employers. This can be an expensive right to accommodate for employers with smokers. If they install a separate ventilation system it can be thousands of dollars along with maintenance to keep the area clean, changing carpet more often, higher health care premiums, and smelling smoke throughout the office as the smokers move around. If the smokers don’t maintain the designated smoking area outside then they will lose the privilege to smoke on the premises. This may encourage smokers to quit. Explain how this case would change if what bothers Darlene is not old smoke but the smell of Alice’s perfume or Frank’s body odor. If Darlene had made a complaint about perfume or body odor it should taken just as serious as the complaint about cigarette smoke. Perfume and other fragrances have chemicals that are capable of setting off allergies that may create breathing problems, trigger asthma, or cause rash and itchy outbreaks for some people. This would be deemed as a medical condition and should not be ignored. If an employee is having breathing difficulties because of perfumes, scented candles, deodorizers, or air fresheners and make management aware and can prove it, management is compelled to accommodate that employee. This is a health hazard and we all are entitled to a safe work environment. Susan McBride was a city employee in Detroit that complained about her sensitivity to perfume a co-worker was wearing. This complaint was valid however; her superiors avoided addressing the issue. They were unaware that Susan was protected under the ADA (American Disability Act) because she was allergic to the chemicals produced by the perfume which affected her breathing. A person has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or is regarded as having such impairment (EEOC, 1992). The company was in direct violation of her rights which resulted in a law suit awarding her $100,000. Since this outcome, many companies have adopted a fragrance free policy in the work place as oppose to other companies which are taking different approaches such as informing employees to apply light or minimum amounts of after shave, perfumes and colognes. Explain whether it is fair or reasonable for companies to ban employees from smoking in their cars in the company parking lot. If a company has a no smoking policy on the premises then it applies to the parking lot as well. If an employee is smoking in his/her personal vehicle while sitting on company property they in direct violation of company policy and subject to consequences. Each state has different policies on smoking and is carried out by the local governments, cities, counties, commonwealths. Companies have the right to enforce smoke free environments on their personal property. If the company has made employees aware of consequences if caught smoking on the premises they are justified in dismissing or firing them. Reference Page Shaw, W. (2010). Old Smoke: Business Ethics a Text Book with Cases. pp 339-340 http://askjan.org/media/fragrance.html http://labor-employment-law.lawyers.com/americans-with-disabilities-act/Is-a-Perfume-Free-Workplace-Legal.html http://humanresources.about.com/od/policiesandsamples1/a/smoke_policy.htm