Workplace Smoking Rules in North Carolina

General provisions. No general provision. However, in North Carolina, public employers and private employers with three or more regular employees may not discriminate against any person for engaging in the lawful use of lawful products, including tobacco, during nonworking hours if the use does not adversely affect a person's ability to fulfill job responsibilities, an employee's job performance or the safety of other employees. Employers may, however, restrict the use of lawful products when restriction is a bona fide occupational requirement or if it relates to an organization's fundamental objectives. This law does not affect an employer's ability to take action against an employee who fails to comply with the requirements of a substance prevention program or to the ability to distinguish between use or nonuse of lawful products in health, disability or life insurance policies when certain differential rates, notice and contribution requirements are met.

Employers covered. Employers with one or more employees.

Written policy requirements. Employer policy not specified.

Posting requirements. Posting not specified.

No smoking areas. No-smoking areas not specified.

Designated smoking areas. Designated smoking areas not specified.