It's time to consider adopting no-vaping policy at work

The rising prevalence of vaping presents new challenges for employers. Employees are frequently running outside, taking bathroom breaks, or closing their office doors for at least 10 minutes at a time to vape, greatly affecting productivity. More important, you might be alarmed by the health risks associated with vaping, especially if a catastrophic health episode happens at work. Recent media reports have captured the nation's attention about people who are ending up in the hospital—or dying—from vaping-related health problems. To avoid liability, you'd be wise to consider your state and local laws and adopt policies to ban workplace vaping.

Does any law allow employers to ban workplace vaping?

West Virginia has no law against workplace vaping. Restrictions on electronic cigarettes (also called e-cigarettes, e-cigs, vaporizers, and electronic nicotine delivery systems) have largely been left up to state and local governments. About a dozen states—including Arkansas, New Jersey, North Dakota, and Utah—and hundreds of local governments prohibit electronic cigarettes everywhere that traditional smoking is banned, which can include the workplace. In West Virginia, however, there is no statewide ban on smoking in private workplaces, let alone any restrictions on e-cigarette usage.

Nevertheless, more than 60 percent of the state is protected by comprehensive county or city ordinances that prohibit smoking in all indoor areas of workplaces, restaurants, and bars. And, notably, existing smoke-free laws are often interpreted to prohibit electronic cigarette use in their provisions.