Atlantic City Casino Smoking Ban Exception Class Action — Workers Continue to Be Exposed to the Risks of Second Hand Smoking

As reported by the New York Times, in October of 2008, Atlantic City passed a temporary smoking ban in its casinos, “permitting smoking on no more than 25 percent of a casino floor.” Within weeks of passing such measure, the City Counsel undertook a sharp reversal, opting to permit smoking “in the city’s 11 casinos.”

In recognition of the adverse health effects of second-hand smoking, the New Jersey State Legislature, by way of the New Jersey Smoke-Free Air Act, N.J. Stat. § 26:3D-55 et. seq. “insures that workers have a safe, smoke-free workplace.”

Despite such Act, the State of New Jersey has created a regulatory exception for the casino work-place, setting forth that the New Jersey Smoke-Free Air Act does not apply, govern, or otherwise extend to New Jersey casinos or their employees. See NJ Stat § 26:3D-59.   Accordingly, casino workers in New Jersey continue to lack the reasonable health protection afforded all other employees in New Jersey.

According to a recent study by the U.S. Department of health and Human Services, Center for Disease Control and Prevention, casino workers in the U.S. continue to be exposed to harmful environmental tobacco smoke (ETS) and other related ETS components, resulting in various respiratory health problems.

Various lawsuits have been filed in Nevada, alleging in pertinent part, the casinos’ failure in “protecting employees from second-hand smoke.”

If you or someone you know, works as a casino employee and has suffered health problems as a result of exposure to second-hand smoking, please contact our law-firm immediately for a free-consultation.

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