Workplace bans smoking and vaping on property

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Wild Card

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for whatever reason i think smokers' and vapers' constitutional right is being violated. what happened to our right in pursuit of happiness? while non-smker/non-vaper's rights are being upheld, we are being targetted and treated as second class citizen. i don't get it. this should be addressed.

Your right to pursue happiness ends exactly at the point where it interferes with someone else pursuing theirs.
 

officer196

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All good points being made but keep in mind your constitutional rights protect you from the government, not your employer, their house, their rules......is it a sad state... Absolutely, but not unusual.

As someone earlier in the thread mentioned, you have a right to bear arms, but your employer can dictate on his property, whether owned or rented if you can bring it.

You have a right to free speech, talk bad about your employment in FB and there is a good chance you'll be fired.

The first department I worked for in TX had a no smoking policy (I was still on analogs) so strict that I could not smoke whatsoever while in uniform even while traveling to or from work, and you better bet had I and been caught I would have been fired.

Rights protect from the gov, not your job.

To the OP, I would suggest just hop in your car, take in off property and take a few laps around the block. Not an ideal solution, but unfortunately there will only be so many options.
 

fullytorqued

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not to brag or anything but my work;ace has a pretty chill environment when it comes to vaping (with the exception of a few higher ups) most see it as a way for us to stay at our desks more and not have to step outside and smoke every 30 minutes. I could see how some places could group it in with smoking, if you are in a face to face type of environment with your customers it could be considered unprofessional.
 

Woofer

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Who said anything about trying to get them to change their policies? I agree that suing them is unlikely to succeed because you have no "right" to vape on someone else's private property. You do however have the right to look for an employer who respects you choices as an individual, or to become your own employer. I did the latter almost 20 years ago and I certainly haven't regretted it.

Well yeah but... ummm err you actually had to do something (other then complain) you had to like ummm actually take control of your life!
What a concept! :D
 

Tomso

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Dec 8, 2014
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Your right to pursue happiness ends exactly at the point where it interferes with someone else pursuing theirs.

So who decides which pursue of happiness is more important? Mine is obviously interfered by non smokers. Not talking about smoking in their face. Talking about designated vaping areas. Isn't someone taking away my pursue of happiness by denying me that option?
 
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Tomso

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Dec 8, 2014
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In the context of this discussion, it should be the owner of the property you're on, i.e. the employer.

True. And I'm just being an .... But was referring more to overall situation when it comes to what rights we have as smokers, them being more and more limited, which is fine really, but does feel as being second class citizens. One could say, one being hard core anti smoker, well then stop smoking if it bothers you so much. And my answer would be, trying, reason why I vape, and denying me opportunity to do so, you ain't making it easier.
 

englishmick

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I do maintenance work in group homes. With lots of incontinence, and deodorizers plugged into every outlet the air in those places can knock you out sometimes. I'm doing them a favour by vaping. Which I do if there's no staff or residents home. Even if there's staff in the house sometimes if I ask first and they don't mind. I draw my own line at doing in front of the residents.

I used to work in an office writing software before I retired from that. It was a few years ago before vaping came along, but I'm sure I wouldn't have been allowed to vape there. But what about the people in the next cube who heat up last night's Chinese takeaway in the microwave and eat it 3 feet from me. Or the smokers (like me) who go outside and power smoke 3 cigs and come back in reeking of tobacco. There's not much logic to it really. I guess there's got to be rules though, and they will never make everyone happy.
 

BlueSnake

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I recently got called back to a good-paying, decent job and was offered a long-term position, which I accepted.

The next day, I found out that they are banning smoking AND vaping on the entire premises, starting 2015.

I'm planning on just toughing it out for 10 hour shifts, and vaping while off work. I am currently at 6mg and ~75/25 vg/pg. I don't even wanna go through the trouble of leaving the premises or stealth vaping... just isnt sounding like a hendonistic approach...
Just another example of big business trying to make/save money....

Im not gonna try to fight it....

...This will just influence me to leave this company, sooner than expected with these type of rules.....

Most companies already have these kinds of rules in place and have for some time. Nothing new here.
 

Rotowoman

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I actually checked the company policy manual the other day just for total clarification. I knew there was a no smoking policy, but was curious if vaping was included. As it turns out, they do specifically state that no e-cigarettes are allowed. Hey, it is what it is, and I'm certainly not going to give up a well paying job that I love just because I can't smoke or vape. They do allow us to do that in certain places, so it's not a total wash out.

Besides, in our business, I can see the wisdom of not allowing smoking in a lot of areas, like where jet fuel is stored, around the aircraft, near the chemical cabinets, etc. That's just common sense. I wouldn't even vape in those areas!!
 

Oberon75

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Rules are rules but if you think about it, their absolutely stupid. If anything, allowing vaping would raise productivity.

Now luckily I work a job that allows me to vape just as it allowed me to smoke cigarettes. But observing employees of businesses while on a job site, its pretty clear these people I see taking extended smoke breaks, off the property might not be doing so if they were vapors and were allowed to vape.

If anything, we should be encouraging vaping and it should be promoted to every smoker. The world would be a much better place.
 

Banana Vap70

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I am a virtual employee and work from home, but I do on occasion have to work in the office. We do have a smoking area and I have no problem going to that area to smoke or vape. I don't like the idea of having to leave the premises to vape, and would probably stealth vape. It's coming, I can tell, too many people complain about it, and it's doesn't even affect them, so I don't really get it, (smoking break area in area that only smokers go to) but on the flip side, if I were overweight or not, would I be able to make them remove the vending machines in the break room because they have unhealthy snacks and I find the food in them offensive and they are bad for my health so I want to have them off the premises. NO MORE SODA, NO MORE CANDY they are unhealthy and I find it offensive that they have them in the break room.

Someone mentioned about their job testing for nicotine. That I think is going to far. This is happening in Pima County Arizona as we speak. Here is an excerpt for the article in the Washington Times.

In order to be hired by the county, which contains Tucson and the University of Arizona, prospective employees would have to provide a doctor’s note certifying them as having been tobacco-free for at least one year or take a drug test to prove same. Current employees will pay a 30% surcharge above the premiums they have to already pay.


When does it stop? They do this in the name of "health"and "health care costs" so what comes next? THANKS OBAMA CARE!! So an insurance company can't refuse to insure you and must cover pre-exiting conditions, however don't expect to be able to get a job if you fall into one of the categories listed below, but don't worry you can get on your state's Medicaid program and the people that can get jobs will pay for your heath care, or lack thereof if the purpose is eradication.

NICOTINE USERS, DIABETICS, OVERWEIGHT NEED NOT APPLY!!!! DISCRIMINATION IS DISCRIMINATION.
 

beckdg

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In my interview for my current job I asked;

Is smoking allowed?

Is vaping allowed?

Does the insurance premium depend upon cotinine test results?

Would there be a pre employment physical and what might it entail?

The wrong answer to any of these questions could have easily ended the interview. Pay is important, yes. But it's merely a means to an end. The end is a comfortable life. Can't have one if you're miserable at your job.

Sent from my device.
 

zapped

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Maybe, but as an employer myself, I know that happy employees are more productive than those who are jonesing for their next break.

There have also been studies wheres its proven that smokers denied a smoke break are less productive than those who are given one.
 
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