August 26, 2019

Most companies already have a smoke-free workplace policy, but does yours also cover electronic cigarettes? As the popularity of vaping increases, so do employer’s concerns that their smoke-free workplace policies may not go far enough to ensure that the use of e-cigarettes is banned. Several states have enacted laws that prohibit vaping in places where smoking cigarettes is also prohibited. In those states, employers will want to be sure that the definition section of the anti-smoking policy is updated to include e-cigarettes. Even if you are not in one of the jurisdictions that has passed laws prohibiting use of e-cigarettes, you may want to get ahead of the curve and proactively update your policy. Here is some suggested language: Smoking includes lighting, smoking, or carrying a lighted cigarette, cigar or pipe, chewing tobacco and the use of any electronic smoking device. If you have any questions, please do not hesitate to contact one of our attorneys at myHRcounsel!

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