Vaping

Vaping refers to the use of electronic cigarettes (e-cigarettes) or other vaporizing devices that heat liquids to produce aerosols containing nicotine, THC, or other substances. In the workplace, vaping raises health, safety, and policy questions: whether it’s permitted in the same spaces as smoking, how it interacts with smoke-free workplace laws, its health implications for bystanders, and how employers manage employees who use nicotine vaporizers.

State and local variations: many state and local smoke-free workplace laws have been updated to explicitly include e-cigarettes and vaping. Others are silent on vaping, applying only to combustible tobacco products. As of 2024, the majority of US states with comprehensive smoke-free laws either explicitly cover e-cigarettes or are extending coverage. HR must review applicable state and local law in each location where the organization operates, and update workplace policies to align.

Yes : HR should update policies to explicitly address vaping rather than relying on general tobacco/smoking policies that may not cover it. Policy elements: define ‘vaping’ and ‘e-cigarettes’ explicitly, state whether vaping is permitted in the same designated smoking areas or prohibited entirely, address indoor vaping specifically (typically prohibited under any policy or law), clarify whether the policy applies during working hours on off-premises locations, and address whether any exceptions apply for nicotine replacement therapy.

Generally yes : employers have broad discretion to ban vaping on their property, even in states where vaping isn’t covered by smoke-free laws. A private employer can restrict employee conduct on its premises including tobacco and nicotine use. Some states have ‘lifestyle discrimination’ laws that limit employer restrictions on lawful off-premises employee activities : but these typically don’t prevent employers from restricting on-premises vaping. Review applicable state law to confirm restrictions are lawful.

ADA considerations: nicotine use disorder is not itself an ADA disability, though it may co-occur with covered mental health conditions. More relevant: some employees may use nicotine products (including e-cigarettes) as part of a medically supervised smoking cessation or harm reduction program. While employers aren’t typically required to accommodate nicotine use on the job, cases involving mental health conditions treated with nicotine replacement may require individualized ADA analysis. HR should consult legal counsel for cases involving apparent health-related vaping.

Health concerns: e-cigarette aerosol contains nicotine, ultrafine particles, heavy metals, and volatile organic compounds : not merely water vapor. NIOSH has documented respiratory health concerns from workplace vaping exposure. Bystander exposure via secondhand aerosol raises legitimate workplace health concerns similar to secondhand smoke, though the evidence base is less mature. OSHA’s General Duty Clause requires employers to protect employees from recognized hazards : indoor vaping in occupied workspaces may create compliance obligations even absent specific regulations.