E-Cigarettes Test Workplace Smoking Policies
by Donald M. Pepe on September 25, 2013
New York and New Jersey both prohibit “smoking” in the workplace. However, the growing popularity of electronic cigarettes poses new questions about employer anti-smoking policies.
E-cigarettes do not contain tobacco, but rather use heat provided by a battery to vaporize a liquid solution containing nicotine. Accordingly, they often do not fall under state laws governing smoke-free workplaces.
For example, the New York State Clean Indoor Act defines “smoking” as the “burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco”, a definition that arguably does not prohibit vaporization. New Jersey is currently the only state that amended its laws to expressly include e-cigarettes. The Smoke-Free Air Act specifically prohibits the use of electronic smoking devices in workplaces and other public indoor spaces.
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