Minors Smoking

If an ee that is a minor (under age) is reported to be taking smoke breaks does the employer have any liabiltiy since the ee is not old enough to smoke... legally?

Comments

  • 11 Comments sorted by Votes Date Added
  • Gee, this is a new one for me! Is it illegal to smoke or illegal to purchase cigarettes or illegal to sell smoking products to minors?? We don't hire minors, however, I guess I would tell his/her parent(s) not that they wouldn't already know if they are paying attention.

    But this really isn't a workplace issue, so I would not try to enforce any ban on a minor smoking. I will look forward to hearing what others have to say.
  • I guess my question would be, how strictly do they enforce minor no-smoking laws in your area? I've known store clerks who have gotten in trouble for selling cigarettes to people under 19, but I don't think they really enforce it around here except if a kid is caught smoking on school property.

    I think I have to agree with Dasher, that this isn't really a workplace issue, unless there is some liability to the employer if a minor is caught smoking on their premises.
  • This is a good question to debate! Here are some questions to think about - I'm not giving advice or even an opinion on this issue just asking because I just don't know what I would do so ... yes it is "just" smoking BUT your EE is BREAKING a law. If your EE was committing thefts during break but was NOT stealing from your company, would you have a discussion or discipline him? Do you view ALL criminal activity as being intolerant while EE's are working on your property or do you have "degrees" of criminal activity you allow. You probably have a drug policy that you would enforce if he was smoking crack but do you consider tobacco to be a drug? Does running a red light and not getting caught make you less of a law abiding citizen? Just some crazy questions that won't bring world peace but make me question my ethics and what I would do in this situation....???
  • My opinion...it is illegal for a minor to purchase cigarettes but I don't think you can stop a minor from smoking. Smoking is not a controlled substance. If the minor wants to smoke and ruin his/her health knowing how bad smoking is for them, then let them smoke. JMO
  • In our area, it is illegal for minors to smoke. So yes, I would treat a minor smoking during his/her break the same way I would treat any employee who is violating the law on company time.
  • I think the choice is yours, unless you have a state law or local ordinance that would hold you accountable. Any of your liability insurances are going to deny claims that result from an illegal activity, which could be an incentive to ensure that smoking areas are far away from any building structures. But that is a separate issue than the age of the smoker.

    Not sure that this would be a workable solution, but if you could or ordinarily allow police officer access to your grounds, I might invite one to walk through at just the right time.

    best wishes
  • There are probably only a few of you who will apprecite this, but I can imagine calling one of our cops and asking him/her to come patrol my smoking area (cop joke)

    How minor is the minor? I might react differently to a 17 year old than a 14 year old. .
    Is an interesting topic. .

    As a now non smoker who wasted money and health for many years I would feel a moral obligation to talk to the minor. .it would ease my conscious and they would let it go in one ear and out the other just like I did. .


  • I can see the humor, and don't think I'd try it in most workplaces. We are probably one of the few where it is an option and would work. If I tried it, I think the whole exercise would be informal with nothing in writing in my office.

    I also agree that a smoke-free work environment would be the most visible response in an effort to resolve, and would probably reap benefits for the company in the long run. Trying to reach the one by banning an activity for everyone seems unfair and a sure way to spur negative feedback from workers. I would not have a problem banning smoking for the right reason. I just don't think taking such an extreme action is an appropriate reaction to concern over the conduct of one or two. I'm not a smoker, but I have come to find that happy workers are not disgruntled workers.

    If banning smoking is appropriate, link it with a wellness program. Give the employees something to feel good about while they are having their nicotine fits during working hours.

    best wishes
  • Legally, you can stop this minor from taking smoke breaks by banning smoking in the workplace and solve that problem. This has worked for major manufacturing companies (2500+ employees) in our area that now have a "No smoking on company premises" policy. It sounds like a "punish one/punish all" concept, but the long term effect is healthier employees and less time at the doctor's office, which translates into better production. Unfortunately, it took me 38 years to figure out smoking is not good for your health. Fortunately, I haven't had any major health problems since quitting 10 years ago. Check to see what your state considers to be illegal when it comes to minors buying and smoking. I would think if it is illegal for them to smoke, then you would need to include that in your company policy on smoking.
  • I guess the question was "liability" but to me I think the answer is "do the right thing". You have a minor who is smoking. Go talk with them. Explain that you cannot have them taking smoke breaks on your premises. Furthermore, ask them how they got started and if they feel they need help quitting.

    There is a young person in your employ who needs some guidance. Perhaps they aren't getting it anywhere else. Step up to the plate.

    I struggled with a smoking habit for 10 years that got started when I was 19 in my first job (a restaurant). The waiters all smoked during the down times so I joined in. I had no idea that I was creating for myself a habit that would last a decade and become an addiction that would be extremely difficult to stop.
  • Looks like it boils down to two different questions - the legal obligation and question of "if it was my child, I wish someone would have this chat with them."

    Do you know what the consequences would be if the individual is caught smoking? If they aren't purchasing them or being supplied by someone in your employ then would be curious to see what responsibility if any lies with the company. Do police departments treat this like they do underage drinking?

    Second part is whether it's your responsibility or management in general to discuss this with your employee. This is a tougher one to decide and think the best person to cover this with the employee (if you decide to discuss with them) is someone they respect and trust - be it a peer, their manager or another manager. However, if they're not putting the company at risk for liability then struggle a bit with how to address and not overstep bounds as an employer.
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