Mississippi Smoking laws & HR compliance analysis

Mississippi Smoking: What you need to know

Mississippi does not regulate smoking in private workplaces, with the exception of childcare facilities. However, several counties and municipalities have passed local ordinances restricting smoking and the use of e-cigarettes.
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However, nothing in state law precludes an employer from establishing policies restricting or prohibiting smoking or use of tobacco products in its facilities or on its grounds.
Public workplaces. Smoking is prohibited inside any building owned, leased, occupied, or operated by the state, a public authority or agency, or any other unit of state and local government, nor near entrances to such buildings (MS Code Sec. 29-5-161).
Public schools. State law prohibits smoking and the use of tobacco products in school buildings, on school grounds, at school-sponsored activities, and at sporting events involving people under the age of 18 (MS Code Sec. 97-32-29; 41-114-1).
Exceptions. Noninstructional areas of state colleges and state veterans' homes may allow smoking in designated areas.
Signage. Employers or building managers must conspicuously post "Smoking" and "No Smoking" signs as appropriate.
Many cities and towns in the state have adopted ordinances eliminating smoking in all workplaces and public places.
E-cigarettes. Currently, over one-third of counties in the state have passed restrictions on the use of e-cigarettes. Contact your local health department to see if these restrictions apply to your facility locations.
No public or private sector employer may require as a condition of employment that a job applicant or employee abstain from using tobacco during nonwork hours as long as the worker complies with applicable laws or the employer's policy ...

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