Question: What are electronic cigarettes? Answer: Electronic cigarettes, or “e-cigarettes,” are tobacco-free, nicotine delivery devices. They are battery powered and do not emit tobacco smoke. E-cigarette users are said to “vape” the devices, rather than smoke them. The e-cigarettes emit a vapor cloud which is a mix of water and nicotine.
Question: We have a smoke-free workplace and the law prohibits e-cigarettes at work, right? Answer: Probably not. Smoke-free workplace regulations only address tobacco smoke in most states. This is true for California, Idaho, Oregon, Montana, and Washington.
Question: What about the laws that prohibit smoking within a minimum distance of building entrances, windows, etc.? Answer: Again, these rules generally apply only to tobacco smoke.
Question: What if we don’t want to allow e-cigarette use and/or employees complain about them? Answer: You can expand your policy to include prohibitions on e-cigarettes, even if the law has not yet kept pace. For non-union employers this is usually as simple as sending a notice to all employees. To ensure everyone understands the new policy, you may also want to explain it verbally and get a written acknowledgment. For a unionized workplace, you should advise the union of your intent to change your policy, and bargain as needed.
The popularity of e-cigarettes is a pretty recent phenomenon and legislation has not kept up with these products. The health effects of e-cigarettes are still largely unknown. Also, there have been occasional reported instances of the batteries in e-cigarettes exploding while charging or exploding while being used. Prohibiting e-cigarettes may simplify the enforcement of your smoke-free workplace policy, so you don’t have to distinguish ordinary cigarettes from e-cigarettes at a distance, deal with coworker complaints, or worry about fire hazards. If you have any questions about implementing a new policy, please contact your Vigilant staff representative.
This website presents general information in nontechnical language. This information is not legal advice. Before applying this information to a specific management decision, consult Vigilant or legal counsel.