LOUISVILLE, KY (WAVE) - Smoker or non-smoker? It can be a divisive issue and now comes the question: just how much should employers be able to regulate when and how employees smoke? Norton Healthcare is tightening up its anti-tobacco policy and it’s burning some smokers up.

Trying to find a smoker to talk to you about smoking isn’t easy.

One smoker, who didn’t want to be identified, summed up this way: “Smoking is bad. You’re not supposed to smoke.”

Many smokers want to stay hidden, and that’s just fine by Norton Healthcare administrators, at least while their employees are at work.

“It’s just what happens here that impacts the patients’ care that we’re most concerned about,” said Jim Parobek, Norton Vice President of Ancillary Services.

Norton has been a tobacco-free campus since mid-2007 and is now tightening up its policies.

“It�s really about the odor that you have that may affect the patients’ care,” Parobek said.

He said employees who smell like smoke will be asked to clean up. A new policy says they can be counseled, even disciplined.

Since it’s a touchy topic for healthcare workers who smoke, we asked others what they think.

“I think that’s bullcrap because you can smoke in your car on the way to work and you’re going to smell like smoke,” said another smoker who wished to remain anonymous.

But Norton’s new policy also restricts smoking in vehicles - even your own - if you’re on campus. That one finally got a reaction from a smoker who doesn’t care if you know who she is.

“That’s your car,” said Jodi Schaefer. “That’s your personal space. You should be allowed to have what you want in your personal space. You paid for it. It’s your car.”

Finally, Norton’s policy restricts leaving campus during the two 10-minute breaks employees get each day. Since it is tobacco free, that means smoke free breaks.

“You’re on our time when you’re working, you’re on our patients’ time, your patients’ time,” Parobek said. “So we want to make sure we are respectful of our patients and or if you’re taking breaks that are too long and you’re away from your patient’s care, that does create a problem…. We’re in the healthcare business. Cigarettes are not good for people. Secondhand smoke is not good for people.”

Parobek said employees will be responsible for helping enforce the new policy, with instructions to notify supervisors when they see a violation.

But can Norton legally implement such a policy?

Louisville employment attorney Bryan Cassis said Kentucky’s civil rights laws protect smokers just like they protect minorities or people of different religions. That means employees can’t be hired or fired based on whether or not they smoke, as long as they obey smoking policies set up by the company.

Cassis says Norton’s policy - like many other workplace policies - is certainly up for legal discussion.