E-Cigarettes in the Office

Electronic cigarettes and other vapor products have been on the rise in the past several years. As the popularity of e-cigarettes grows, many people have concerns about the health effects of being exposed to the vapors those products produce. As an employer, can you prevent employees from using e-cigarettes in the office? Is there a law against this activity?

Whereas there is continued debate regarding the safety of vapor products, no federal law prohibiting the use of e-cigarettes or vapor products has been passed to date. Some municipalities have passed laws prohibiting the use of vapor products indoors or common areas. On the west coast, as of April 19, e-cigarette use was banned in bars, restaurants and other public spaces throughout Los Angeles. Seattle, Boston, Chicago, and San Francisco (among many other places) all have similar laws. And as of this week in New York City, it is now illegal to smoke e-cigarettes anywhere that regular cigarettes are banned. As for New York State, a bill was crafted this week that, if passed, would extend the e-cigarette ban statewide.

As for employers, Wal-Mart, Target, Home Depot, and General Electric have all banned e-cigarette use in their offices and stores. Starbucks does not allow employees or customers to use vapor products in their stores; McDonald’s, however, does permit its use.

That said, if you would like to prohibit your employees from using vapor products or smoking e-cigarettes in the workplace, we recommend that you update your non-smoking policy to include these products and enforce the policy in a non-discriminatory and consistent manner.