Q: I'm a activity assitnt in a nursing home, they have us take out the patients 3x for smoke break, is there a law for that

A: Regarding your questions about smoking breaks and doctor's appointments as an activity assistant in a nursing home in California:

1. Secondhand smoke exposure:

California has strict laws protecting employees from secondhand smoke in the workplace. However, the laws make exceptions for long-term health care facilities. According to California Labor Code Section 6404.5, smoking is prohibited in enclosed spaces at places of employment, but this does not apply to "patient smoking areas in long-term health care facilities."

While the law allows designated smoking areas in nursing homes, employers are still obligated to protect employees from secondhand smoke exposure to the extent reasonably possible. You may want to discuss your concerns with your supervisor or HR department to see if any accommodations can be made to minimize your exposure.

2. Accompanying patients to doctor's appointments:

The specific duties of an activity assistant may vary depending on the facility's policies and job descriptions. In some cases, activity assistants might be asked to escort patients to appointments. However, if you feel that this task is outside your scope of practice or training, you should discuss your concerns with your supervisor.

Typically, the responsibility of accompanying patients to medical appointments falls on nurses, care assistants, or sometimes family members. If you believe that a nurse should be the one escorting patients, you can bring this up with your supervisor and explain your reasoning.

If you feel your concerns are not being addressed adequately, you may want to consult with your union representative (if applicable) or seek advice from an employment attorney familiar with California labor laws.