Vaping Deaths and E-Cigarette Use in the Workplace - American Society of Employers - Kristen Cifolelli

Vaping Deaths and E-Cigarette Use in the Workplace

59% of employers ban e-cigarettes and vapingAccording to the CDC, as of September 16, 2019, six people have died from vaping-related lung illnesses, and the number of possible cases has grown to 450.  In Michigan, six individuals have been hospitalized according to the Michigan Department of Health and Human Services.  All patients had vaped within days or weeks of getting sick, and many had used e-cigarettes with tetrahydrocannabinol (THC).  While the CDC continues to investigate these illnesses and deaths, they advise that individuals consider not using e-cigarettes.  As of now, it is the primary means of preventing severe lung disease. 

 

Over the past decade, many states and localities have passed smoking bans prohibiting smoking in restaurants, bars, workplaces, and in some outdoor areas.  In May 2010, Michigan passed a smoke free law that prohibits smoking in any workplace, food service establishment such as bars/restaurants, and public places such as shopping malls, bowling alleys, museums, arenas, etc. In early September this year, Michigan became the first state in the nation to ban flavored e-cigarettes as a step to protect young people form the potentially harmful effects of vaping.  While the ban targets sweet flavors, the prohibition will also apply to vaping products that use mint and menthol flavors. It does not cover tobacco-flavored e-cigarettes.

 

The challenge with many of the smoking bans is that they were written before e-cigarettes were on the market, and they don’t specifically address their use.  It can cause confusion as to whether individuals are allowed to vape in places covered by smoking bans.  In order to clarify and strengthen no smoking laws, 17 states have implemented general workplace bans on vaping and e-cigarettes.  Florida, New Mexico, South Dakota, and Minnesota have been the states to most recently implement no-vaping mandates for most types of indoor workplaces.  Wisconsin recently proposed a bill that would add e-cigarettes and other vaping products to the state’s existing smoking ban that took effect in 2009. 

 

Michigan’s smoke free law does not specifically cover vaping and e-cigarettes, so employers may allow vaping in the workplace unless they choose to specifically prohibit it in their policies.   According to ASE’s 2019 Quarterly Economic & Employment Survey – Second Quarter, 59% of employers have a policy that specifically prohibits e-cigarettes and vaping in the workplace. 

 

Employers should review their policies and determine position on the use of e-cigarettes. Proponents of e-cigarettes in the workplace feel that allowing their use is a positive step to helping employees quit smoking, ultimately a benefit to the employer.  Allowing employees to vape at their workstations will also help with productivity as they will not be taking as many breaks.

 

Opponents of e-cigarettes in the workplace argue that nicotine in any form is still addictive, and allowing its use sends the wrong message. Prohibiting vaping in the workplace eliminates complaints from co-workers or customers worried about the vapors that the e-cigarette emits. Some employees may have a reaction to strong odors.  Scent sensitivity may qualify as a disability under the Americans with Disabilities Act (ADA) and require accommodation.  In addition, safety issues may also arise with e-cigarette use in certain workplaces as a result of those facilities containing combustible materials.  Lastly, if the employees are public facing, there could be concerns about the image the use of e-cigarettes may create with clients and customers.

 

Employers wishing to ban e-cigarettes should find it relatively easy to expand on their current smoke free and tobacco use policies.  Suggested sample language may state that “smoking in any form through the use of tobacco products or vaping through the use of electronic nicotine delivery systems is prohibited on company premises or in company vehicles.”  Employers should review their policies in order clarify the scope of what products are covered and what areas of the worksite are covered by any restrictions or bans.  Before implementing any vaping and e-cigarette restrictions or bans, employers that have unionized employees will need to determine whether their use is covered by their collective bargaining agreement.  Banning or restricting e-cigarette use may be subject to mandatory bargaining with the union.

 

Any policy changes the organization makes should be communicated to employees, inserted in the employee handbook, and posted in the workplace making it clear that it applies to customers, clients, and any third parties visiting the organization.

 

Additional ASE Resources
ASE Handbook Development- If you would like your current smoking policy reviewed, revised, or a new policy created ASE can help.  Contact Mike Burns.

 

 

Sources: CDC 9/6/2019, Bloomberg 6/5/2019

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