Do E-Cigarettes Fit Into Workplace Tobacco Policy? (OPINION)

believe ad agency enjoying a smoke break at their desks at any given time of the day.

The show takes place in the 1960s, when the dangers of tobacco were just becoming known. Over the years, as the very real consequences of tobacco use have become frighteningly clear, more and more restrictions on the use of it at work have been put in place.

Tobacco use contributes to an extensive list of serious diseases, and, according to the Centers for Disease Control, is responsible for at least $96 billion per year in direct medical costs and estimated $96.8 billion per year in lost productivity, due to sickness and premature death.

Because of this warning and the potential costs involved, companies put in place various “no smoking” policies. Today, these policies have morphed into “tobacco use restriction” policies. But what are some of the outlier issues employers are grappling with today? Let’s begin with before the employee is hired.

In some states, a tobacco user will be protected by a statute that says companies may not discriminate based on whether the applicant uses tobacco products. In other states, where no such protections exist, some companies have opted to ask on the initial application “Are you a user of tobacco products?” And, if the answer is “yes,” the applicant is immediately rejected.

The pros are easy to identify: If tobacco users are not hired, it will be easier to become totally “tobacco free.” No more “extra” breaks for smokers (which often cause complaints from non-users) and hopefully, a healthier workforce.

The cons? It severely limits the talent pool — which could be a huge deal if your company experiences high turnover. And what do you do if an applicant lies on the application? Do you want to hire, then terminate because of dishonesty?

Ultimately, your company should decide how important this issue is and if discriminating against the smoker, dipper or chewer is right for your organization — and in keeping with the laws of your state.

If tobacco use is an important health concern for your company, you’ve probably discussed sponsoring some sort of program to help employees quit. Often called “smoking cessation” programs, they can include any tobacco use.

Under the Affordable Care Act (ACA), certain services related to tobacco cessation are required to be covered by the employee’s insurance plan at no cost. Making sure your plan is in compliance is important, especially if you want employees to take advantage of an opportunity to kick the nicotine habit.

Electronic cigarettes are gaining in popularity and “vape” shops are popping up all over the country. An e-cigarette is a battery-powered device that provides the user with an inhaled dosage of a vaporized liquid. Generally, the liquid contains nicotine and is used as an alternative to smoking tobacco.

Employees have started asking about being able to use these electronic devices in their place of employment without the restrictions placed on regular tobacco cigarettes.

Some of the concerns arise from the fact that, as of this date, the FDA does not regulate e-cigarettes and, therefore, hasn’t been able to issue statements on the safety of such devices. Additionally, the amount of nicotine in a vapor vial is also not regulated and, as such, users may not be aware of exactly how much nicotine they’re inhaling through the vapor of an electronic cigarette. This is a cause for concern.

Many states have broadened the definition of tobacco use to include e-cigarettes for state offices, buildings and other public areas that restrict smoking. Some states have not. However, employers can restrict the use of any device they would consider “disruptive” to the workplace, including e-cigarettes.

Company culture should play a big part in the development of any employee policy. If a healthy workplace is important to your corporate culture, looking at ways to restrict tobacco use, encouraging employees to quit the use of tobacco products, and including electronic vaporized nicotine in your policies are some good places to communicate that message.

As any great HR professional knows, a healthy workforce is a productive workforce. And that adds to the bottom line every time. 

Janie Warner is a senior HR advisor and client resource team leader at Regions Insurance, a top-30 national insurance brokerage with 26 offices in eight states in the Southeast and Indiana. She can be reached at [email protected].