E-Cigarettes

Authors: Marta Moakley and Beth Zoller, XpertHR Legal Editors

The use of e-cigarettes (i.e., electronic, vapor-based cigarettes that are sometimes called e-cigs) is growing in the US. However, scientific research has not fully determined the health effects, if any, of these devices. The regulation of e-cigarettes also varies by jurisdiction. This may leave an employer with a tough decision as to how it should address e-cigarette use, if at all. For example, should an employer include these devices in its current smoke-free policy? Should it allow employees to freely smoke these devices in the workplace?

An employer should consider various factors in making this decision. These include:

  • State and municipal regulations on the subject (the Food and Drug Administration (FDA) also regulates e-cigarettes as a tobacco product);
  • Effects on employee productivity; and
  • Employees' potential health concerns and sensitivities.

Using XpertHR's various Tools and resources can help an employer decide how to address e-cigarettes in the workplace.

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Employment Law Manual

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Considerations of E-Cigarettes in the Workplace