Smoke rises again in B.C. restaurants, bars, prisonsWCB failed to consult them re workplace ban04/05/2000|Canadian Employment Law Today Hard on the heels of an arbitrator’s decision that smoking is a disability, a judge has overturned a B.C. workers’ compensation regulation banning smoking in restaurants, bars, medical- care facilities and prisons.In our last edition, we reported that an arbitrator struck down a smoking ban at the Cominco mine in Trail, B.C. Smoking amounted to a disability under the provincial human rights code, arbitrator Dalton Lawson ruled, and Cominco had failed to make sufficient efforts to accommodate the addicted. Now, Justice Sunny Stromberg-Stein has ruled that the B.C. Workers’ Compensation Board acted unfairly in removing an exemption for the hospitality industry from its workplace smoking bans. To Read the Full Story, Subscribe or Sign In Remember Me Forgot Password If you are a current Subscriber, please click here to set-up or update your login information.