I work in a corporate office, recently they "banned" vaping (not HR, just a supervisor). I've been considering going directly to HR with it, but haven't for fear of an actual ban. My question is can an employer legally ban it yet (I'm in VA if it matters) and if they can how enforceable (legally) is it, like would a certain number of people have to say i was using mine, could one person lie about it, or would there have to be video?
Ban on vaping at work.
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An employer can do anything they like, set any rule they like, no matter how irrational. The thing about it being a supervisor rather than a company-wide policy might give you some leeway, but as you say, if you make waves, you may get swamped with a company-wide ban. Your best bet is probably stealthing behind a bathroom stall. If no one sees any vapor... did any really happen? 
While you should really read up on Virginia's specific laws regarding smoking and the workplace, I can almost guarantee you this is perfectly legal if you work for a private company. They have the right to ban any behavior they find objectionable and can enforce it with the threat of termination. Assuming that the company is within their right to ban e-cig use-- which again they very likely are-- someone found to be in violation of this policy would have very little legal recourse. Companies aren't even required to provide smoke breaks, though some choose to. Many large companies have already lumped in e-cigs with analogs with regards to their banishment indoors, so be assured this is not uncommon.
Has your supervisor banned you from using it outside, on break? Can you not use it stealthily in the restroom?
For whatever it's worth to you, I think trying to use it anywhere indoors at this point (other than MAYBE the bathroom) and hoping to not get caught is just asking for trouble, not to mention a little selfish. I don't even know if I really want to recommend stealthing in the restroom. I know I wouldn't want someone lighting up an analog in the office, and while the two are very different in a lot of ways, the simple fact is that vaping in an enclosed space with non-vapers forcibly imposes your habit on everyone there without consent. Some people really do find vapor physically irritating or could have a high sensitivity to ingredients in your juice. I think it was RipTrippers who told the story of a woman having an allergic reaction to anise in secondhand vapor. Clearly at least one person, your supervisor, has a problem with it. That should really be enough, unless you have absolutely no other way to score a vape break during the day, in which case I guess some more brainstorming could be in order.
I can only speak for myself here, but the ability to vape indoors weighs nothing against a job. I think you have the right inkling that a meeting with HR would not end in your favor.
Good luck.
Has your supervisor banned you from using it outside, on break? Can you not use it stealthily in the restroom?
For whatever it's worth to you, I think trying to use it anywhere indoors at this point (other than MAYBE the bathroom) and hoping to not get caught is just asking for trouble, not to mention a little selfish. I don't even know if I really want to recommend stealthing in the restroom. I know I wouldn't want someone lighting up an analog in the office, and while the two are very different in a lot of ways, the simple fact is that vaping in an enclosed space with non-vapers forcibly imposes your habit on everyone there without consent. Some people really do find vapor physically irritating or could have a high sensitivity to ingredients in your juice. I think it was RipTrippers who told the story of a woman having an allergic reaction to anise in secondhand vapor. Clearly at least one person, your supervisor, has a problem with it. That should really be enough, unless you have absolutely no other way to score a vape break during the day, in which case I guess some more brainstorming could be in order.
I can only speak for myself here, but the ability to vape indoors weighs nothing against a job. I think you have the right inkling that a meeting with HR would not end in your favor.
Good luck.
Thanks for the replies, there is a decent sized group of us who wander off camera to vape, keeping it on my smoking breaks is very difficult (in a 10+ hour shift I get 2 breaks and a lunch, but I get in trouble if I don't take all 3 in my first 3 hours) and that was my second reason for wanting to quit smoking in the first place. For me, my vape is a very good way to quit smoking, but where I'd normally smoke a cig then be good for a while I find my vaping hits are much farther apart compared to cig hits, but the urge to smoke is almost constant. I'm thinking stealth may be the best for now, besides it's always funny when said supervisor smells it, she likes it!
The issue of having to take all your breaks in the first 3 hours of your shift might be where you can put an argument with HR and might even violate a state law. Some states have laws stating when the breaks should happen and that they may be at YOUR discretion, not theirs.
Something you could check into
Something you could check into
is this ban policy ( company wide) or just the local supervisors idea? If it is just the supervisors idea and it isnt company wide, then that means others can still vape in areas not under the supervisors domain.... and if they can vape, you should be able too.. ( unless the vaping can be a contributing factor to the safety of other workers.... e.g. fire hazard, vision imparement etc)
Vaping is banned where I work but then again, so has somoking for many years so I just do what I have always done, stand outside on breaks..
The people who don't know much about vaping think of it as smoking so I'm afraid we've all been chucked into the same boat.
If they allow smokers to go outside and smoke then you should also be permitted to go outside and vape with the smokers. Did you start vaping so you could do it inside? Im hoping not because thats not only a terrible reason its kinda rude in my opinion. I am reasonably certain that if you're in the States or Canada, no employer can force you to take all your breaks for a 10 hour shift within the first 3 hours. Thats just basic human rights. As for vaping, if they're not banning it outside, then you have no issue, just go outside.
My wife back again in Critical Care in hospital. Likely not allowed to vape their either. 
Sometimes I just can't help it. My microstick is just so small I sometimes forget. 
Sometimes I just can't help it. My microstick is just so small I sometimes forget. I started vaping to quit smoking, (I've tried gum, patches, hypnosis, pills, snus/chewing tobacco, etc. and none worked for more than a day or two) not to smoke inside, I did look into the laws regarding breaks/lunches, VA has no regulations on it so it falls under federal, in a nutshell I found out they aren't even required to give me a lunch or break, although they are required to pay me for any breaks less than 20 minutes. Along with that, apparently in VA they can fire me for any "non-discriminatory" reason they want, like because it's Tuesday... That plus I'm actually in the corporate office, so if I make waves it could ripple down the chain to the stores and become an issue all around.
Edit: By the way, thank you all for your time and thoughts!
Edit: By the way, thank you all for your time and thoughts!
Yes, this... I really can't see how the company can enforce taking all 3 of your breaks in the first 3 hr stretch, pretty sure that would be a clear violation of any labor policy of any state. You could definitely complain and have a legitimate beef -- but again, an employer has all the power -- piss 'em off badly enough, and they'll just make up a reason to put down on your pink slip. With that, you might be better off to lodge an anonymous complaint with the state labor board, OSHA, or whoever.
But I'm sticking to stealthing in the bathroom -- because if no one sees any vapor, then they have no idea that anything of that nature has happened -- but definitely use a lighter-smelling ejuice for that, so that the smell doesn't give it away as bad as a cigarette would. And I do mean STEALTH vaping -- a very-high-PG juice, and holding it in so that no vapor emerges. The nannies and crybabies mostly respond to the *look* of vapor, because it looks like smoke -- if they don't see it, they won't have a problem.
Andria
Im no lawyer, nor am I fully informed on US labor laws, but I really have trouble believing that during a 10 hour shift the employer is not required to allow for lunch breaks and "coffee breaks" throughout the shift.
I wasnt trying to be rude/offensive with my comment, I was just trying to clarify whether or not they were banning vaping indoors(which to me is not surprising) or if they were trying to ban it in all places on the property. If they are trying to ban it on the property, they are well within their rights. However, there are ways to circumnavigate this. I believe that your true issue lies with their break systems, for which I am reasonably sure you DO have a case.
My wife back again in Critical Care in hospital. Likely not allowed to vape their either.
thoughts and prayers out to your wife, wheelie.
I am pretty certain that forcing you to take all 3 in your first 3 hours of a 10 hour shift is a violation of federal labor laws.
Unflavored for stealth vaping. The tobacco flavors are a bit odoriferous for stealth vaping.
If the company wants they can ban vaping indoors, but it would have to be a company-wide policy to be enforceable. If there is no company-wide policy then they have no grounds to discipline one employee for doing something that others are allowed to do. However, bringing up and complaining about the issue can lead to the creation of the company-wide policy.
As for the breaks, that's a totally unrelated issue that you would need to take up separately.
As for the breaks, that's a totally unrelated issue that you would need to take up separately.
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