“Vaping”—i.e., “smoking” an e-cigarette—is becoming more and more popular, but the jury is still out as to both the potential benefits and risks of the practice. Studies continue to be done about the potential risks of vaping,  how much nicotine or other harmful chemicals are being inhaled when one vapes, and whether there are any benefits associated with using these products.  While there are no federal or Michigan state laws currently in place regulating e-cigarette use, when that happens it will create one more concern for HR managers to address.

The Food and Drug Administration (FDA) has issued a proposed rule that would extend the agency’s tobacco authority to cover additional products that meet the legal definition of a tobacco product, such as e-cigarettes. FDA’s Extending Authorities to Additional Tobacco Products webpage offers more information on the proposed rule.

While a couple of states have passed anti-vaping legislation, Michigan is not one of them.  That being said there is current legislation that would make sweeping changes to the state’s tobacco laws with regard to e-cigarette taxation and regulation in the Senate Finance Committee.

It seems clear that sooner or later Michigan employers will need to address vaping in the workplace.

Whether you create a new policy around e-cigarettes or update your current smoking policy, here are some things to consider:

What law(s), if any, would apply to workplace vaping? Make sure you know the laws in your jurisdiction, including local ordinances. That being said, you can generally ban e-cigarettes from your workplace. However be careful before attempting to ban e-cigarette use outside the workplace, as some employers have banned traditional smoking outside the workplace. At best, that may be ill-advised. At worst it may be illegal.
Consider second-hand vapor. The research is not complete, but there have been reports of harmful side effects caused by e-cigarette exposure. If an employee gets sick from inhaling vapor second-hand, it could lead to a worker’s compensation claim.
People have allergies. E-cigarettes typically create aromas based on their flavor. Think of them the way you would perfume or other scent-creating products. Some employees could have allergy-related reactions to e-cigarette vapor.
Consider whether to ban e-cigarettes completely from the workplace or from certain areas only. If you have designated smoking areas you probably would not want to allow vaping in those areas.
Consider safety. E-cigarettes contain battery-powered heating devices. There may be areas in your workplace where the presence of such devices could be unsafe.
Make sure employees are aware of the policy in the same manner that they are informed of any new workplace guideline.
Be ready to back the new policy. Your policy should have sound reasoning and should communicate that reasoning to employees.
Source: CCH, FDA, Gongwar