How Are You Handling Vaping At Work?
vaping can be harmful to children, pregnant women and adults who have never used nicotine products. The American Lung Association cautions that vaping may pose secondhand emissions risks. But more research needs to be done. “While e-cigarettes may be less harmful than regular cigarettes, this does not mean that they are harmless,” according to the National Cancer Institute.
Check State and Local Law
Depending on their location, employers may have the discretion to treat vaping as they want, said Jay Hux, an attorney with Fisher Phillips in Chicago. But employers should consider state and local regulations when developing a policy.
Some states—such as Alaska, California, Delaware, Hawaii, Maine, Massachusetts, New Jersey, New York, North Dakota, Rhode Island, Utah, and Vermont, as well as Washington, D.C.—broadly prohibit vaping in places where smoking is banned. Other states ban vaping in specific places, such as childcare facilities, state government buildings, schools and enclosed workspaces.
Some local municipalities also have enacted bans on e-cigarettes in enclosed workplaces. As a result, in some jurisdictions, allowing e-cigarette use in the workplace would be unlawful, Betts noted.
If your state hasn’t instituted any regulations—and as with any workplace policy—employers should make sure they understand their organization’s goals, so they can tailor policies and practices to reach those objectives, she said. “Remember, too, if you are in a unionized environment, that you may need to bargain with a union before developing a policy about e-cigarette use.”
Workplace Policies on Vaping
Some employers don’t have explicit policies or haven’t carefully considered how they want to treat vaping, Hux said. “Other employers superficially added it on to a smoking policy.”
Employers should consider the pros and cons of treating e-cigarette use the same as traditional tobacco use. On one hand, workers may be more efficient if they can vape at their workstations and not take as many breaks, he said. On the other hand, an employer may find it disconcerting for employees to be puffing on e-cigarettes at work, he added, noting that an e-cigarette is still a means of disposing an addictive chemical.
Some employees could have a reaction to the chemical byproduct that their co-workers’ e-cigarettes emit, Betts noted. Requests for accommodation due to odor and chemical sensitivities are becoming more frequent under the Americans with Disabilities Act. Permitting e-cigarette use could require employers to engage in an interactive process and potentially grant accommodations to employees who feel ill by others’ vaping, she said.
Additionally, safety issue could arise with e-cigarette use in certain workplaces, such as those containing combustible materials, due to the ignition and heating elements in e-cigarettes.
[SHRM members-only online discussion platform: SHRM Connect]
“Moreover, if an employer’s workplace is public-facing, it may have legitimate concerns about the image employee e-cigarette use projects,” Betts said.
Set Clear Guidelines
Employers should evaluate their smoking policies to ensure there is clarity about the scope of the products covered and what areas of the worksite are covered by any smoking ban, Betts said. Consider whether employees can bring e-cigarettes into certain areas or if they are completely banned from the property.
If a workplace already has a clean-air policy but it doesn’t reference e-cigarettes, employees may be confused about whether vaping is covered, Betts said. “It’s probably time to revise the language.”
Additionally, employees should typically be informed of any changes in workplace policies before they take effect. Betts said 60 to 90 days of notice is a good rule of thumb, but some states have specific rules employers should incorporate.
How Are You Handling Vaping at Work? posted first on http://theconsultantpro.com/
Sumber http://dallaskarim.blogspot.com/
