Has your organization yet faced the question about how it should address e-cigarettes?
New Jersey banned smoking in the workplace and indoor public spaces in 2006. In 2010, New Jersey’s Smoke-Free Air Act was amended to also ban e-cigarettes in indoor public places and workplaces. New Jersey was the first state in the nation to ban the use of e-cigarettes in the workplace and in indoor public spaces.
E-cigarette bans in the workplace are not universal, but are becoming more common nationwide. North Dakota, Utah, and Hawaii all have e-cigarette bans similar to New Jersey’s law. It is important for organizations to familiarize themselves with their state, county, and local laws regarding the use of e-cigarettes and to monitor any changes. For example, New York City has recently added e-cigarettes to its ban on traditional cigarette smoking in public places, restaurants, bars, and private offices. Boston and Philadelphia have enacted similar bans.
Of course, employers may elect to ban e-cigarettes in their no-smoking policies even in jurisdictions that do not treat e-cigarettes as equivalent to regular cigarettes. If you have any questions about the use of e-cigarettes in your organization, please contact Scott Ohnegian, Daniel Zappo, or any member of Riker Danzig's Labor & Employment Group.
