No Smoking

seeleyhr

We are considering a no smoking policy that would not permit anyone to smoke while on company time either in vehicles or buildings. Our concern is how this would affect those people that drive their own vehicles such as sales representatives and clinicians. It is necessary for the sales reps to call on doctors and clinicians enter homes of respiratory patients.

Has anyone else requested that they not smoke in their own vehicles?

Shadowfax

Since it is acceptable to refuse to hire anyone who smokes (and I think the first case was from Ohio) then by logical extension one would expect you could prohibit ees from somking on the job - no matter where the job is performed. If you want to assure customers and patients (or whatever you call them) are not exposed to the obnoxious fumes of tobacco smoke which linger on clothing and may interfere with the emp/er customer relationship - the why couldn't you? Enforcement, and resentment nightmare.

twochr

I would really like to hear Don and Pork's answer to this. Sounds like you might be opening a can of worms you don't want to open.

lhill

We have a new "Tobacco Use" policy. It took the place of our "Smoking" policy to include the dippers and chewers. It addresses tobacco use while on paid status. I would be happy to email a copy if you are interested.

Leslie

I agree with Shadowfax...you can do it but what a nightmare disciplining the employees who work out of their own vehicle. How are you going to prove it? What - is a doctor going to tattle that his salesmen smelled like he'd had a cigarette? You going to have a vehicle ashtray check?

ScorpioHR

We do not allow smoking in our buildings or company vehicles. Not only would I not want to have to monitor whether or not ee's were smoking in their own cars during business hours, but, I doubt I could keep a straight face if I had to tell them they cannot smoke in their own car. scorpio

seeleyhr

I would appreciate seeing the policy. You may email it to [email]mketchem@seeleymedical.com[/email].

We have had complaints from doctors and customers which is why we are considering this.

seeleyhr

Yes please, send it to [email]mketchem@seeleymedical.com[/email]. Thanks.

rad

Don't be too surprised of your smokers end up smelling like Altoids and Febreeze.

Don D

There is no federal law banning smoking in employment. 43 states have laws limiting workplace smoking. A number of states prohibit smoking in both public and private workplaces. Although I am sure Shadowfax is correct regarding HIS state, his would not be a correct position in MY state. MS Code Sec. 71-7-33 states that no public or private sector employer may require as a condition of employment that a job applicant or employee abstain from using tobacco during nonwork hours as long as the worker complies with applicable laws or the employer's policy regarding smoking in the workplace during working hours.

In other words, you cannot, in this state, and probably some others, refuse to hire a smoker for that reason along.

I do not know how you could tell a smoker not to smoke in his own vehicle while working. What if part of his job were home based. Do you think you could than tell him not to smoke in his own home? I doubt it.

Parabeagle

In Oregon you would not be able to discriminate (in any aspect of employment) against someone for the off-duty lawful use of tobacco products. However, you CAN prevent employees from smoking during normal working hours (i.e., "on duty") on your premises or when engaged in company business. If your state law permits it, you may want to approach it from a similar angle.

Don D

Do you have a suggestion as to how you might be able to prohibit a salesperson from smoking in his/her own car while travelling between clients. Or, for that matter, while at a client's office or during lunch with a client, who, by the way, also smokes? As someone mentioned earlier, this is a can of worms that cannot be controlled. Do you also require that they carry a roll of Certs?

Parabeagle

No. As a practical matter, it's virtually unenforceable, especially with outside sales types who seldom/never come into the office. However, the fact remains that our law permits an employer to establish a policy which prohibits people from smoking while they're at work. As a smoker, I can tell you that my boss (who is vehemently anti-smoking) ALWAYS knows if I've had a cigarette.