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Municipal Technical Advisory Service (MTAS)


Reference Number: MTAS-2051
Reviewed Date: 08/29/2023

Smoking Rights
A municipality is prohibited from discharging an employee for using an agricultural product not regulated by the alcoholic beverage commission that is not otherwise proscribed by law (tobacco) as long as the employee abides by the employer’s work rules regarding tobacco use. T.C.A. § 50-1-304(d)(1).

Notification of Smoking Ban
The state ban on smoking in places of employment must be communicated to all existing employees and prospective employees when they apply for a job. T.C.A. § 39-17-1803(b).

Nonsmoker Protection Act
Public Chapter 410 added a new Part 18 to T.C.A. Title 39, Chapter 17, banning smoking in most enclosed public places in Tennessee, including places of employment. For details on the act, visit: