工作場所禁煙在美國所引起之法律爭議

Legal Issues Concerning Smoking in the Workplace in the United States

焦興鎧(Cing-Kae Chiao)

《勞資關係論叢》 6期 (1997/06) Pp. 45-75

https://doi.org/10.29902/JCSTVS.199706.0001

摘要

在美國，二手煙所造成之健康危害已日受重視，而各級政府及企業所頒布之各類禁煙措施亦漸趨普遍，因此所引發之法律爭議也益形增加，如何平衡不吸煙及吸煙受雇者之個別權益，即成為該國主作場所規範新興課題之一。本文試對該國這項新發展趨勢做一簡要說明，以做為我國日後處理這類可能發生的勞資爭議參考之用。

並列摘要

In recent years, changes in societal attitudes towards smoking have affected significantly employee-employer relations in the United States. In order to prevent damage caused by second-hand smoking, government and enterprise regulation of smoking in private workplace has become gradually widespread and numerous legal controversies have increased drastically. How to balance the separate interests and rights of non-smoking employees with smokers has become one of the new issues in the workplace and employers, labor union, courts, and labor arbitrators have been drawn into this controversy between two competing claims. This article tries to make a brief account of this new trend in the American workplace and analyze its implications.