Is vaping or using e-cigarettes at work illegal? 4 Answers as of September 26, 2013

Hi, since there is no current regulations concerning e-cigs or vaping in public places. What about work? Can the company say that no vaping or e-cigs allowed and treat them as regular cigarettes or since there is no current regulation, laws and are currently treated as tobacco they can't say or do anything? The company hasn't said anything but I have heard that they are treating it as a tobacco related product such as cigarettes even though there is nothing in the employee handbook nor in an official announcement and I don't do it in the building except at my desk where it's just me and my co-worker and he has stated he doesn't have a problem with it. I don't use the e-cigs that look like the fake cigarettes. I use the battery operated ones that I have to add juice to. Google Provari and z-atty pro for specifications. Obviously I'm not being a jerk and am considerate of others. However I am wanting to know where the line is drawn. I do understand that it's their company and can make up the rules, well sort of since they do have to follow state and federal employee laws. So I want some clarification.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
It is not a matter of being illegal, it is a matter of work rules. If the company says vaping is not allowed, then it isn't allowed.
Answer Applies to: Idaho
Replied: 9/26/2013
I do not know if it is illegal or not, likely it is legal. But, employers are free to adopt rules that prohibit this.
Answer Applies to: Georgia
Replied: 9/25/2013
License Advocates Law Group LLP | Christine McCall
Employers may prohibit e-cigs just as they may prohibit gum, candy, eating except in designated area, etc. The workplace is subject to the employer's ideas about appropriate activity not just laws that make unlawful certain substances. So, for example, yo-yo's are legal, but your employer may prohibit the playing with yo-yo's in the workplace. This is not complicated unless employees are hung up on some misguided notions of the workplace as a site for practicing democracy.
Answer Applies to: California
Replied: 9/25/2013
Law Offices of Linda Rose Fessler | Linda Fessler
This is a very difficult question. Right now there is no regulation, but given that these cigarettes have severely burned several people, and that they do not yet know the effects of the smoke, regulation is on its way. I think the key right now is what the manual says about smoking specifically. If it uses words like smoking is not allowed, you had better follow the rules that are presently set and not use your electric cigarettes. If it says you cannot smoke any tobacco based product, you may be able to get away with it. I know you have been considerate about it, and it is an interesting question, but I just do not think it is worth it to risk your job and possibly endanger yourself and others if the cigarette blows up in your face.
Answer Applies to: California
Replied: 9/25/2013
Click to View More Answers: