Page 1 of 7 12345 ... LastLast
Results 1 to 10 of 64
Like Tree2Likes

Thread: hey guys.. could use some help... "legally"

  1. #1
    Member
    Join Date
    Feb 2010
    Location
    Kentucky
    Posts
    6

    Exclamation hey guys.. could use some help... "legally"

    so i just started vaping last week... got my beautiful 901 and some juice and love it... in fact, i love it so much that i took it to work and showed it off. I work at a factory where brake pads are made and there is a strict no smoking policy because of the brake dust in the air can ignite with an open flame.. well somebody saw me vaping and assumed i was smoking and i got reported to the higher ups.... long story short, i have been told not to use it anymore.. i plan on fighting it hard core... (the smoking policy includes tobacco products only)... but i was hoping for somebody to tell me what options i might have if i am unsuccessful at fighting it and then get terminated for doing it anyway... would rather not have that happen, but if i'll be ok letigiously in the long run, then i am willing to go ball to the wall so to speak...

    btw... i know this isnt the right place for this, but its the only place i can start a new thread tight now...

    thanks in advance for any help

  2. #2
    Ultra Member Verified Member
    ECF Veteran
    Dudeman's Avatar
    Join Date
    Dec 2009
    Location
    Fall River, MA
    Posts
    1,141

    Default

    It seems it would be easier to adhere to the no smoking policy. Just because it says "tobacco products" doesn't make it ok to use a PV. Things like this give vapers a bad name. Would you smoke crack there? Thats not a tobacco product. You should have asked the "higher ups" if your PV was acceptable inside the premisses beforehand IMO.
    Last edited by Dudeman; 02-23-2010 at 08:10 AM. Reason: Famn dingers.

  3. #3
    Super Member ECF Veteran
    Join Date
    Oct 2009
    Location
    Birmingham Al
    Posts
    932

    Default

    Unless you like tilting at windmills I'd keep my job.

  4. #4
    Member
    Join Date
    Feb 2010
    Location
    Kentucky
    Posts
    6

    Default

    well i have a meeting with HR tomorrow to explain what it is and try to change their minds. Where i live "tobacco products" are clearly defined by state law, and an e-cig is not one. I don't want to give the community a bad name, or diminish what i have done to spread the word abt vaping at work, but neither do I want to be pushed around by ignorance and forced into either freezing my butt off outside or go to the smoking room and choke on the crap i am trying to get away from in the first place by getting a PV.

    Its only cigs they have a problem with. Many people dip or chew with no problems, and not only is nicotine gum and lazenges accepted, but our insurance pays for them if you want to quit smoking.

    Like i said, nothing has happened yet, and I hope everything will be sorted out after my meeting with HR, but I like knowing what my options so I can guage my reaction to whatever decision they make.

  5. #5
    PV Master ECF Veteran
    Join Date
    Jan 2010
    Location
    A Brit, abroad, (USA)
    Posts
    4,174
    Blog Entries
    6

    Default

    Its difficult - your employer may listen to you but may decide against you using it soley because actual smokers are going to protest if you are allowed to 'smoke' Of course your unit has no naked flame but it does contain micro electrics and I don't know (though you might and your employers WILL) know if they can maybe spark or cause an issue with the flammable dust.
    Also, your employers premises is private property and technically they can ask anything of you that you would have to comply with in order to occupy said private property providing its not illegal, racist, sexist or creedist (or which would contravene federal laws). There may also be something in the original agreement you signed when you were hired about following rules, and rules may be subject to change. This is a catch-all clause that might trip you up.
    In others words, I don't think 'legally' you have much of a leg to stand on if they do decide to deny your request for shop floor vaping. They may of course be open to an indoor room, away from the shop floor, like a lunch room or something, where you can vape - be prepared to annoy all your smoking friends if they allow this and smoking cigs is still banned inside the building.
    I wish you luck though, but I wouldn't hold your (nice smelling now) breath.

    *Caveat: I am not a lawyer in the USA nor do I play one on TV..or radio..*

  6. #6
    Member
    Join Date
    Feb 2010
    Location
    Kentucky
    Posts
    6

    Default

    of course i wouldnt smoke crack there... that doesnt even make sense... nothing in a pv is a controlled substance... thats the point.. im not breaking any laws... hell im not even breaking company policy by using my 901. If its just a matter of making the smokers jealous or its not fair for them or whatever i dont really care... and i think that is the biggest problem they have with it...

  7. #7
    Member
    Join Date
    Feb 2010
    Location
    Kentucky
    Posts
    6

    Default

    Thank you Jay.. thats what i was looking for... just some advice... i will check policy on rule changing and such before my meeting as well... we have a large employee handbook that has been followed by mgmt for the last 5 years i have worked there at least.. generally speaking, it always goes to the handbook in cases of dispute.. if its in there, its law.. if not, i have yet to run across an example where they just made something up...

  8. #8
    Super Member ECF Veteran
    Join Date
    Oct 2009
    Location
    Birmingham Al
    Posts
    932

    Default

    Well if it can ignite with open flame they can make the argument that the e-cig can provide an ignition source. Only you know your management. How open are they to a logical argument? Thats the decision you have to make.

  9. #9
    Ultra Member* Verified Member
    ECF Veteran
    NatureBoy's Avatar
    Join Date
    Jan 2010
    Location
    Sunny SoCal
    Posts
    2,057

    Default

    What's with the unrelated comparison Dudeman?? You would still require a lighter... not to mention it's ILLEGAL and completely different. OP's looking for constructive input, that's hardly a fair comparison.

    izapmp, there is a slight chance the heating element inside the atomizer could ignite the brake dust. Just how much dust are we talking about here? Enough that you would have to wear a mask or just trace amounts that could ignite from open flame? If there was that much brake dust that it could ignite from an atty, I think vaping is the least of your worries..... (brake dust, carcinogen, etc....).

    I can understand how you wouldn't want to be stuck in the smoker's lounge though, that's a nasty situation.. all that second hand smoke would be disgusting. Having to go outside in the cold is a bummer too though.

    Hopefully the people you talk to have a shred of intelligence and common sense and allow you to vape indoors. Perhaps there's another area away from the assembly line where you could vape?
    Last edited by NatureBoy; 02-23-2010 at 09:18 AM. Reason: better?
    MODS: Brass+SS+BC+LE Stingray, 4Nine, Lux v3, Nemesis, Atom, Atomo V2, Caravela
    ATTYS: Copper+Brass Quasar, Origen v1&2, Senio, Tobh, CATs, Heron, Kayfun Lite+, SS+Gold Patriot, IGO-L

  10. #10
    Ultra Member Verified Member
    ECF Veteran

    Join Date
    Sep 2009
    Location
    Australia
    Posts
    1,588

    Default

    The drug talk stops here.


    Thanks.

Page 1 of 7 12345 ... LastLast

Tags for this Thread

Bookmarks