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E-Cigarettes: Not Just Blowing Smoke, a Potential Issue For Employers



Over the past few years, the emergence of E-Cigarettes in the workplace has become more common.  The question that employers now face is how to handle employees that want to "vape" while at work.  Employees often argue that since E-Cigarettes are not technically "cigarettes" per se, they should be allowed to use them at work.  Other employees, often ones that do not use E-Cigarettes, complain that they should not be subjected to the E-Cigarettes, regardless of whether or not they are not as harmful as regular cigarettes.  The question then becomes how does a company deal with the use of E-Cigarettes?  However, not all companies agree on whether or not to allow their employees to use these E-Cigarettes:  Exxon Mobile and McDonalds allow it, while CVS, Starbucks, and Wal-Mart all prohibit their employees from vaping.

While many states ban smoking in the workplace, only three states (New Jersey, North Dakota, and Utah) have added E-Cigarettes to these anti-smoking in the workplace laws.  It is likely that as E-Cigarettes become more common, more states could also ban E-Cigarettes in the workplace. 

For the time being, however, it is often left up to the employer on whether to allow employees to use E-Cigarettes at work.  Although private employers generally have no latitude to dictate what an employee does outside of work, employers are able to decide what to allow or prohibit when an employee is at work (depending, of course, on what the laws in that particular state are regarding the topic).  If an employer decides to ban E-Cigarettes at work, it is best to have a clear and effective policy and give employees reasonable notice before implementing a policy.  As the law continues to develop on this front, it is important to keep an eye on what legislation is passed in each state. 


Special thanks to the Wall Street Journal for additional information on the topic:  http://online.wsj.com/news/articles/SB10001424052702303819704579320902677845732

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