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Category: California Employment Law
Satisfied Customers: 7124
Experience:  General Practitioner. Research Attorney
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I work county hospital. they have changed the smoking area

Customer Question

I work for a county hospital. they have changed the smoking area to one that is in the full sun. no shade. it is always about 100 degrees outside. do they have to provide shade for us? there are other areas that are in the shade that we used to use for smoking that are well away from any buildings. how can we get the policy changed?
Submitted: 3 months ago.
Category: California Employment Law
Expert:  legalg replied 3 months ago.

I have reviewed the Labor Code and there is no guidance re: providing smoking areas for employers with more than 5 employees:

The employees can of course make a request to the employer to provide a shaded area but there is no legal obligation to do so.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalg replied 3 months ago.

checking in on the above; thank you for using Just Answer; enjoy the holiday weekend.

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