0% nicotine not allowed on work property!! HELP

[SLEEVED]

I have been debating with HR regarding their no smoking on property policy. I have asked repeatedly, if I am using a non-nicotine, non-tobacco item that happens to look like an e-cigarette how is that prohibited. They just say it is in the policy you cannot use tobacco products. I asked them to point it out where it says lookalikes are prohibited. They have not been able to do so. I mentioned they may want to update the policy to include lookalikes and they simply replied "Thank you. You should mention that in the next company survey..." ... is up with that. I live in Ohio. Can anyone help me out?

P.S. The policy also says you are not allowed to smoke in company vehicles where the states prohibits that (Ohio being one of them.) According to my research you can smoke in vehicles in Ohio unless there is a child under the age of 6 years old. So this policy is junk in my opinion. I just need help backing it up!

Thanks!

 

[InTheShade]

While I admire your persistence, you know that even if you 'win' you lose right?

They can pretty much set any policy they wish and you have no choice but to follow it. As you've also found, they can interpret their own policies in ways that make no logical sense, and there isn't a thing you can do about it.

You know there are employers that will test prospective employees for nicotine and not employ them if they test positive right?

You're on a hiding to nothing. It's their company, they can set whatever policy they wish within the law and you have two choices - follow it, or find another job.

 

[Amraann]

Simply put they can make whatever policy they want no matter how ridiculious they may be.

 

[stevegmu]

The company I work for has a no smoking no vaping policy on the property. I asked why no e-cigs and was told someone may mistake the use of e-cigs for smoking. My HR manager also said the restrooms don't have cameras...

 

[bwh79]

They just say it is in the policy you cannot use tobacco products. I asked them to point it out where it says lookalikes are prohibited. They have not been able to do so.

Looks like you're in the clear, then. If they try to write you up for it, decline to put your signature on the write-up on the grounds that you weren't using any tobacco products. Better keep a lawyer and/or employment agency's number handy, just in case they decide to get nasty about it.

 

[Sonata Dusk]

HR wise, a lot of people are right, they can make and enforce policies on basically anything. Even if smoking is legal in a car in Ohio, I can make a policy that states employees may not smoke while on the clock whether in a company car or personal car. As long as i'm paying you, you have to follow my policy.

My guess is that you're running into a road block because of a few things, one being that it could be mistaken for smoking and could cause confusion to the existing policy, two being that vaping is still a grey area for a lot of legality, and three being that you're in a minority so it's not in their interest to craft a policy that protects you (And what I mean by number three is that some minority rights are easy to get passed in HR land, some are exceptionally difficult because they're deemed too individual based. The chances of me crafting a policy for . . . let's argue, 3 percent of my entire work force are vapers but 97 percent are not. If i'm not violating any federal or state law, why would I take the time and expense to craft a policy for that 3 percent? and the business money hungry answer is you wouldn't.)

If you're serious about wanting to get involved with this, and assuming you don't work at too small of a company (Because the original HR member may take offense that you didn't take their answer and go away), I'd draft a very well written and educated letter higher up in HR. I would not take the attitude of this needs to be changed but rather, let me tell you about this and ask if there's a potential to have the policy updated or changed. My guess is until the federal government decides what is going to go on with this industry, Nobody involved in HR will want to touch it. In all fairness, you'll probably just receive a well written letter back that says something like we value all employee opinions.

Worst case scenario, I'd find reasons to run errands off property if I could and I think I'd be taking lunch breaks away from my building . . . .

PS: Is there a safety reason potentially that they would have a no smoking on property policy to begin with . . . ? Do you work near anything at all flammable or unstable? Because that's very rare. most companies accommodate smoking in some form or another.

 

[OcalaFlGuy]

The company I work for has a no smoking no vaping policy on the property. I asked why no e-cigs and was told someone may mistake the use of e-cigs for smoking. My HR manager also said the restrooms don't have cameras...

Go HR manager! That's Beautiful. The 2nd thing I'd like him to say other than Vape away.

IF I were to carry the conflict on further, and I Wouldn't, I'd ask if the No Vaping applied to say ashma inhailers. Couldn't those be mistaken for
vaping that could be mistaken for a smoke? I'd say I'm exhalling about the same final product the ashma guy is.

It is generally unhealthy to Swim Upstream all the time where you work, Especially on non-work related points like this. The more of a PIA you
are to them, good reasons To You or not, the less likelihood for any advancement and Greater likelhood you'll go to the top of the Needs To Hit the Door Soon list.

There IMO is only a gnats breath of another idea. Even though they don't allow smoking where you work, I assume many employees still smoke At Home.
Many companies, whether they allow smoking on premises or not are jumping onto programs to make it beneficial for their employees to give up smokes.
You Might Could gin up some support for vaping using that angle but to allow you to vape on site is going to cause Bigger problems most likely with the
real smokers who'll see you and they can't smoke their cigs.

Bruce in Ocala, Fl

 

[OcalaFlGuy]

PS; Listen to Sonata.

I would lay cash money on the table that they are a Sr HR person.

Bruce in Ocala, Fl

 

[Paramaniac413]

Where I work, there is no smoking/vaping on property- even in your vehicle. I just go off property for lunch. Unfortunately, companies can set the policy however they want it - even if that means discrimination against nicotine users. There was talk of a bill (can't remember if it was here in PA) about non-discrimination of smokers/dippers/vapers so that a company can't fire someone or refuse to hire them if they have nicotine in their system.


Sent from my iPhone using Tapatalk

 

[Completely Average]

The obvious solution is to find a better job. Possibly a better state.

 

[Thrasher]

The company I work for has a no smoking no vaping policy on the property. I asked why no e-cigs and was told someone may mistake the use of e-cigs for smoking. My HR manager also said the restrooms don't have cameras...

This^


Why is it OK to let you indulge in your escape yet punish the smokers?

As for not signing a writeup or introducing friction, all this does is give them a reason to over scrutinize your work performance, where they will find a reason to terminate you and that's something you won't be able to fight.

Obviously your using 0 nic so what's the problem with just not vaping at work, since you don't need it, be a good worker bee or bee unemployed, you'd really risk your job chase you didn't get to vape gummi bears at work?

 

[juggler86]

Looks like you're in the clear, then. If they try to write you up for it, decline to put your signature on the write-up on the grounds that you weren't using any tobacco products. Better keep a lawyer and/or employment agency's number handy, just in case they decide to get nasty about it.

Or he could just follow the rules. Its a private business so if they say no smoking or vaping there isnt much you can do about it. Why do people have to be difficult.

 

[AndriaD]

Looks like you're in the clear, then. If they try to write you up for it, decline to put your signature on the write-up on the grounds that you weren't using any tobacco products. Better keep a lawyer and/or employment agency's number handy, just in case they decide to get nasty about it.

Exactly. They can make any rule, no matter how ridiculous; they can fire you at any time, for whatever excuse they bother to think up.

Here's a tip, though: if you can rile them up enough to curse at you, you can draw unemployment -- happened to me!

Andria

 

[Woofer]

Or he could just follow the rules. Its a private business so if they say no smoking or vaping there isnt much you can do about it. Why do people have to be difficult.

Don't be a baaaad sheeple follow the rules regardless if they make sense or not!

 

[LVThundercat]

This is the beauty of being a business owner. I can vape as much as I want inside by office. I still don't allow smoking ( I used to go outside every half hour to smoke) and nobody seems to be bothered by the smell of the flavors I vape.

 

[Sonata Dusk]

Asthma Inhalers are a completely different category. They're medical devices and you have to have access to them, no different than if you need an epi pen on the premises. I agree about exhaling almost the same final product though I wonder if you could claim addiction . . .

I also completely agree about unless you're really wanting to be an activist about this and willing to potentially cause waves over this, it's not worth it. It's easy to get labeled as a trouble maker when you were just trying to express an opinion and it's difficult for some people to express an opinion without being offensive in some way when they're passionate about something.

The reason I brought up potentially writing a letter is because if you like your job minus the vaping thing, it is in your interest to try to change it. If you don't like your job, the vaping thing may be a good reason to leave. It definitely factors into job satisfaction.

A company I used to work for would let smokers have smoke breaks and I've wondered in my head if someone was "vaping" if they would be given the same privilege as the managers I saw who wasted countless times.

PS; Listen to Sonata.

I would lay cash money on the table that they are a Sr HR person.

Bruce in Ocala, Fl

I appreciate the thought but i'm actually now just a housewife. However, at one time, I did HRIS (think payroll) work for a theme park, and I almost got an associates degree in Human Resources -- I had some personal problems and had to quit my degree about 75 percent of the way through . . .

I like being a house wife more, much less stress and better job perks, lol. Vaping being one of them!

 

[Bunnykiller]

Id do it any way and if fired for doing so, then they have to prove that vaping 0 nic is equal to a tobacco product ( which they cant) and lay a law suit on them that they wouldnt forget and take quite a while to pay for....

 

[Spencer87]

Where do smokers go then. Just go with them. at this stage in the game there is going to be fear mongering all around. Might as well just go with it like all the smokers do.

There is not much you can do to fight the masses. The Vaping community has far more important fights to be dealing with atm than where you can vape.
Such as taxes, and Bans.

 

[OcalaFlGuy]

Id do it any way and if fired for doing so, then they have to prove that vaping 0 nic is equal to a tobacco product ( which they cant) and lay a law suit on them that they wouldnt forget and take quite a while to pay for....

You should look up Right to Work states.

While the OP's isn't one, YOURS (La) is.

As has already been alluded to by other posters, a Perfectly Legal Reason to fire you in a RTW state is because, "You are a PIA and we don't like you."

And When you Lose that civil lawsuit, get ready to pay Your's AND (very possibly) The Other Side's Attorney bills...

Bruce in Ocala, Fl

 

[Alien Traveler]

Obviously your using 0 nic so what's the problem with just not vaping at work, since you don't need it, be a good worker bee or bee unemployed, you'd really risk your job chase you didn't get to vape gummi bears at work?

Exactly.
Which reminds me that my company do not even prohibit .... scratching on premises, but am I still avoiding .... scratching activities while on work.
0 mg could wait even easier that desire to scratch...