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My wife and I are about to expand our business and are looking to keep health costs low. I've been hearing about managers who forbid their employees to smoke—even socially—in an effort to do just that. I'm interested in trying this kind of policy, but I don't want to turn down a qualified candidate simply because they smoke. How can I make my policy—and its cost benefits—clear without alienating any worthy candidates? What kinds of demands am I even allowed to make legally?
—C.B., Morgantown, WV

Although the laws vary from state to state, and can change at any time, in general there is nothing to prevent an employer from imposing a total nonsmoking policy on his or her employees. The simple fact is that smokers are more prone to illness, which can raise health care costs for everyone at your firm. How such a policy will affect relations with your employees depends on how you present the issue. Placing a "Smokers Need Not Apply" line in a help-wanted ad may indeed dissuade smokers from applying for the job, but it may also dissuade anyone put off by what they see as an excessively authoritative employer. It may be wiser to broach the subject late in the interview process, after you've had the chance to ascertain each candidate's qualifications. If it turns out that the right person for the job is a smoker, consider offering a cessation plan to help them quit. Some insurance companies offer cessation programs and many companies have had success with them. The Camden, N.J., division of defense contractor L-3 Communications recently reported that 10 of its employees quit smoking with the help of an employer-aided cessation program that included measures as drastic as hypnosis and as basic as discounts on nicotine gum and patches. If your insurance provider doesn't offer a cessation plan, consider developing one yourself. The short term costs of offering this kind of service are minor when compared to the long term effect heavy smokers can have on a business's health costs.
 

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