Ban on vaping at work.

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Robert Cromwell

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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.
My employer bans all vaping and smoking on their property, parking lot and all.
 

YoursTruli

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The majority of workplaces here have lumped vaping in with the smoking bans. Some workplaces such as hospitals/medical facilities ban you from vaping/smoking anywhere on campus which makes it impossible to do if you have to clock out, run across campus to your car, leave the grounds to vape/smoke, return to campus, run back across campus, clock back in, be in your area and working within a 15 minute time frame, but then that is the point, they do not want employees that vape, smoke or use nicotine in any form period. The big crackdown came after the no-nicotine hiring policies were enacted. There are actually lawyers who consult with businesses giving them legal strategies on how to weed out/get rid of employees who vape/smoke/use nicotine in any form, at the hospitals it was employees that were employed pre-no-nic hiring policy and yes at the hospital I worked for people have been fired for vaping in the bathrooms or anywhere on campus including in your car and it is all legal.
 
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Racehorse

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This is where I use an njoy bold or vuse for a quick hit ;)

This is why when people denigrate cigalikes from the convenience store, I always say they have their place.

we were w/out power for 7 days one winter.....also good for weddings, funerals, hospitals, airports, or quick social visits where whipping out a mod is not what I want to do.

I ALWAYS have 4-5 cigalikes hanging around. I like the Mark Ten myself, since they have a new mint flavor that is yummy, and that little thing is also rechargeable.
 

MonkeyTokes

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This isn't a question of legality, unless you live in a state which has banned vaping in public places (which I'm not sure if any have the bans in effect yet). If your employer gave you a little rule book. It probably has a tobacco policy, at least mine does, but vaping isn't tobacco so this policy technically doesn't apply. But if your supervisor says there's no vaping and makes it company policy, its not a matter of if you are breaking the law or not, its a matter of insubordination and violating company policy and your contract(which likely says you agree that you will follow the rules) and can get you fired, but not arrested. Like someone said before, if they can't see it, it never happened. Just hold it in until the vapors gone
 
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DoctorJ

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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?

I'm in VA too and yes they can ban it. Even though the Attorney General said that vaping does not break any of the no smoking laws, it is up to the owner of a particular establishment to allow vaping. I'm fortunate to have an open minded office manager that allows us to vape in our office. :thumbs: We can't vape in the hallways or common areas though.

Virginia Attorney General Rules on E cigs | E-Cigarette Forum
 
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BostonJim

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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!


Did you say you have to take all 3 of your breaks in the first 3 hours? Does that mean you have to work the last 61/2 to 7 hours with out a break? If that is true then that is also illegal. By law you're required to have a break every couple of hours. Its clearly printed on the federal work regulations that must be plainly posted in your work place.
 

Hans Wermhat

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It should coincide with their smoking policy. If you ain't allowed to smoke on the campus, they can ban vaping as well and you can't say much. If they have a designated smoking area on the grounds, you should be able to vape there and with all the same guidelines as far as when and how often. As far as indoors, there may be a local law on the subject, but company policy will trump that in most cases unless it's an outright ban. When you are on break, they really can't say much to you about what you do in the parking lot unless it is a "vape free campus". You should probably talk to HR and find out what the company's policy is on smoking and adhere to the rules that apply. Your super can't countermand the written policy in that respect.
 
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Hans Wermhat

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And the break laws... OSHA mandates that if your shift is over 5 hours, you must have a minimum of 1 - 10 minute break. If it's over 7 hours, you must have a minimum 30 minute lunch break (unpaid) and 1 - 10 minute break (paid), and can not work more than 4 hours without a break of some sort. So a 10 hour shift would require a 30 minute lunch, (during which time you may leave the premises if you wish, as long as you can clock back in on time) and 2 - 10 minute breaks, since it would not be possible to work less than 4 hours before or after lunch break. Certain fields are exempt from these rules on the short breaks (like service industry and medical since the job description requires you to be readily available to perform your duties for more than 4 hours at a time) but they are still required to make a lunch break available to you if your shift is over 7 hours. They can schedule the breaks however they choose, but they must meet the minimum requirements.
 

David Wolf

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This is why when people denigrate cigalikes from the convenience store, I always say they have their place.

we were w/out power for 7 days one winter.....also good for weddings, funerals, hospitals, airports, or quick social visits where whipping out a mod is not what I want to do.

I ALWAYS have 4-5 cigalikes hanging around. I like the Mark Ten myself, since they have a new mint flavor that is yummy, and that little thing is also rechargeable.
Totally agree cigalikes are perfect to carry for certain times when you want to be discrete. I use the njoy rechargeables and get the cartridges on sale online
 

rico942

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Retired now, but spent the last 11 years of my working life with a major defense contractor the name of which you would recognize immediately ...

I watched a consistent pattern of increasing oppression over that time. A complaint regarding any employee "privilege" invariably concluded with the immediate elimination of that practice, and a company-wide ban. And there would always be somebody somewhere who would lodge a complaint about anything, no matter how innocent the behavior ...

A manager had a utility bill lost in the company mail room after dropping it into an internal mailbox. He complained to HR. This led to the revocation of of the decades old courtesy of using internal mail to reach the postal service ...

Someone complained that the smell of coffee in a break room was causing an "allergic reaction". All of the brewing machines were removed, no more company-provided coffee ...

As freeway traffic became more congested, people were arriving later in the morning. Punitive server-based time clock software was installed and payroll was linked to it. Reduced paychecks were used as a bullying tactic by managers who routinely altered arrival and departure times on employee time cards as "punishment" ...

Later the designated smoking areas were moved by HR. One was directly outside the office window of the HR director, and the other was moved beyond a dangerous blind turn in a driveway, where cars routinely jumped the curb and struck a tree. Smoking was invariably used as a negative factor in yearly performance reviews ...

I find this extremely ironic. When I started in engineering in the 1970s, the drawings and documents defining virtually all of the technological breakthroughs in the early 20th century all had one thing in common ...

Coffee stains and cigarette burns ...

Creative people at that time typically used whatever stimulants were available, and they produced nearly all of the modern innovations that we take for granted today. Look around you. Nearly everything you see was originally designed by a coffee-swilling drafter, engineer, or architect with a full ashtray. Really ...

What is the result of a Puritan ideology in the technological workplace ?

First, it causes truly creative job seekers to look elsewhere. And secondly, group morale is non-existent in such an environment, with the larger percentage of employees living in fear of the hostile complainers and a predatory HR department eager to impose draconian measures ...

We got to the moon almost 46 years ago. Now we are lucky to get a payload into orbit ...

For my part, I stealth vaped at work without incident for the last year of my working life. What they don't see they can't react to, and I would like to think that my 20th century predecessors would have done the same ...
 
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