An employer's smoking policy must conform with applicable law. Thus, for example, the Pennsylvania Clean Indoor Air Act requires that employers "develop, post and implement a policy to regulate smoking in the workplace...." 35 P.S. § 1230.1. The purpose of this legislation is to protect public health and to promote the comfort of all persons in certain workplaces by regulating and controlling smoking. The act does not require development of any particular kind of policy so long as the policy is intended to regulate smoking in the workplace. In contrast, the New York City smoking law imposes much more stringent requirements.

A common course of action, however, is to prohibit smoking in the workplace, except in specifically designated areas (either a smoking room or outside the facility). These kinds of limits are generally acceptable to smokers. Most often, it is the non-smokers that demand stricter policies regarding smoking or an outright ban.

A more detailed policy regarding smoking may be necessary for some employers, particular those employers that have employees who occupy private offices. For example, an employer may permit smoking in a private, enclosed office provided that:

• no more than 3 people usually occupy the office

• no more than three people are in the office when smoking occurs

• the office door is kept closed while smoking occurs and for a reasonable period thereafter

• if more than one person is present in the office, one person must be the office's usual occupant

• all persons present consent to the smoking.