tobacco polcy

[Fulthrotl]

You cannot not hire a person simply because they smoke for the same reason that you cannot not hire a person because they are in a wheel chair. Now if your job qulifications said that they must be able to climb a ladder, then that's a different matter.

ADA has nothing to do with it. Most ADA cases are filed as Civil Rights Violation law suits.

We had one job where the owner was arguing doing the required handicap access and told the inspector, whom is CASP certified, that he was never going to hire any handicap people, and the inspector looked at him and asked "did you know that you could get sued just for saying that."

well, anyone can not hire anyone for any reason, including no reason at all.

what you can't do is say the reason is a prohibited reason.

young guy i know, went to work at a place recently, and
after three days, the owner of the business walked up,
said, "our plans have changed", and handed him a check
for three days wages.

when asked why he was being laid off, he was told that
"california is an at-will employment state, and that is all
i can say on the matter".

and that, is that. pretty hard to sue based on that.

 

[zbang]

So buy yourself a pack of cigarettes and go on break, or do they make sure you do smoke while on the break?

That was it. Since I wasn't smoking (and I don't intend to), I must not have needed the break, so a foreman gave me grief for being out there. Didn't help that he smoked. (This was at least 15 years ago now.)

 

[Rewire]

well, anyone can not hire anyone for any reason, including no reason at all.

what you can't do is say the reason is a prohibited reason.

young guy i know, went to work at a place recently, and
after three days, the owner of the business walked up,
said, "our plans have changed", and handed him a check
for three days wages.

when asked why he was being laid off, he was told that
"california is an at-will employment state, and that is all
i can say on the matter".

and that, is that. pretty hard to sue based on that.

No sueing is easy its winning that gets harder now the employer said "plans had changed" a lawyer will ask "what were those plans" now if those plans were to get rid of the Baptists then the employer is in trouble. Most people will not have an issue unless they truly feel slighted if I walked into a job one day wearing my Star of David and the next day was let go because"plans had changed" I might feel another issue was afoot.

 

[cowboyjwc]

No sueing is easy its winning that gets harder now the employer said "plans had changed" a lawyer will ask "what were those plans" now if those plans were to get rid of the Baptists then the employer is in trouble. Most people will not have an issue unless they truly feel slighted if I walked into a job one day wearing my Star of David and the next day was let go because"plans had changed" I might feel another issue was afoot.

We're on the same page.:happyyes:

This is CA here, we'll sue you because you sued us. And there is a lawyer that will take the case.

 

[electricguy61]

Anybody find an actual lawsuit regarding this matter?

Or just conjecture?

 

[Fulthrotl]

We're on the same page.:happyyes:

This is CA here, we'll sue you because you sued us.
And there is a lawyer that will take the case.

and my lawyer is meaner than your lawyer.
i just offered him 100% of anything he collects,
to bury you.

*smooch*

can you feel the love? welcome to california.
we use attorneys on 16" centers to support
the state. remember, san andreas was determined
to be at fault here, and the whole state is a bit cracked.

 

[stevenje]

I would not knowingly hire a tobacco user, and I ask when I hire someone. If they lied, I would promptly fire them when I found out. Most (though not all), are slobs, throwing their butts wherever, or spitting wherever, etc. Bad breath, bad body odor, bad company image. And I agree with what was already stated about the "smokers breaks".

I worked for years inhaling second hand smoke and cleaning up chewing tobacco that my fellow workers indiscriminately spit or left around. And this was in a firehouse. Never again.

Bad for their (and my) health and bad for business! :rant:

Yeah, those office girls are a tough bunch!:jawdrop:

 

[ActionDave]

Yeah, those office girls are a tough bunch!:jawdrop:

 

[ActionDave]

I would not knowingly hire a tobacco user, and I ask when I hire someone. If they lied, I would promptly fire them when I found out. Most (though not all), are slobs, throwing their butts wherever, or spitting wherever, etc. Bad breath, bad body odor, bad company image. And I agree with what was already stated about the "smokers breaks".

I worked for years inhaling second hand smoke and cleaning up chewing tobacco that my fellow workers indiscriminately spit or left around. And this was in a firehouse. Never again.

Bad for their (and my) health and bad for business! :rant:

I am a tobacco user and exhibit none of what you describe.

I also stay up too late, drink more than I should, and don't eat right. Any of these personal habits you want to control.

 

[electricguy61]

I haven't any desire to control your life.

The OP asked about a tobacco free work place policy.

I'm glad you're a polite tobacco user. If more were like you, we probably wouldn't be having this discussion.

Just as you are free to decide to use tobacco, I'm free to decide not to hire folks that use it.

 

[ActionDave]

Why be so hard on tobacco? It funded the Revolution that gave us our freedoms.

 

[fmtjfw]

Only one out of four affect me

Only one out of four affect me

I am a tobacco user and exhibit none of what you describe.

I also stay up too late, drink more than I should, and don't eat right. Any of these personal habits you want to control.

If you are smoking near me, you subject me to the smoke, It makes my nose run, my eyes water, my head throb, and my throat hurt. According to medical research it also increases the likely-hood of me dying of cancer, hypertension, stroke, ....

The first effects occur at about 30 yards if the wind is blowing from you to me.

Drinking, staying up late, and not eating right on your part don't affect me.

I have no problem with you smoking, as long as I'm not forced to be around it.

This is why many places and employers don't allow it on the job site.

 

[cowboyjwc]

If you are smoking near me, you subject me to the smoke, It makes my nose run, my eyes water, my head throb, and my throat hurt. According to medical research it also increases the likely-hood of me dying of cancer, hypertension, stroke, ....

The first effects occur at about 30 yards if the wind is blowing from you to me.

Drinking, staying up late, and not eating right on your part don't affect me.

I have no problem with you smoking, as long as I'm not forced to be around it.

This is why many places and employers don't allow it on the job site.

I would beg to differ, you are probably more likely to get killed by a drunk driver than you are by secocnd hand smoke.

I find the people that complain the most about second hand smoke, tend to be ex smokers, that I had to endure for years at the bowling alley and resturants and bars when it was legal to smoke in all those places.

 

[kwired]

I would beg to differ, you are probably more likely to get killed by a drunk driver than you are by secocnd hand smoke.

I find the people that complain the most about second hand smoke, tend to be ex smokers, that I had to endure for years at the bowling alley and resturants and bars when it was legal to smoke in all those places.

True story, a few years ago a truck driver passing through a nearby town dropped his "chew" can and reached down to pick it up. This distracted him enough he missed the (fairly sharp) turn in the road and crashed into a house. It was early AM hours and someone sleeping on couch in that house was thrown off the couch. Luckily no one was hurt.

I would think there would be a better time to reach for the can than right when you are approaching a sharp turn.:dunce:

 

[fmtjfw]

Nope, drunk drivers are about

Nope, drunk drivers are about

I would beg to differ, you are probably more likely to get killed by a drunk driver than you are by secocnd hand smoke.

I find the people that complain the most about second hand smoke, tend to be ex smokers, that I had to endure for years at the bowling alley and resturants and bars when it was legal to smoke in all those places.

Never smoked, ever. I was a "second-hand smoker", parents smoked.

2009: drunk driving deaths 10,839, 7,281 were the drunk driver, 2,891 were passengers in the drunk driver's vehicle, and 667 were other persons.

Since I never drink and drive, and never ride with a drunken driver, my exposure is 667 deaths

ClevelandClinic.org
estimates 3,400 lung cancer deaths from secondhand smoke, 22,700 to 69,600 heart disease deaths from secondhand smoke.

SO 667 drunk drivers
SO 26,100 minimum from secondhand smoke

drunk driver threat 2.5%, secondhand smoke 97.5%

 

[cowboyjwc]

Never smoked, ever. I was a "second-hand smoker", parents smoked.

2009: drunk driving deaths 10,839, 7,281 were the drunk driver, 2,891 were passengers in the drunk driver's vehicle, and 667 were other persons.

Since I never drink and drive, and never ride with a drunken driver, my exposure is 667 deaths

ClevelandClinic.org
estimates 3,400 lung cancer deaths from secondhand smoke, 22,700 to 69,600 heart disease deaths from secondhand smoke.

SO 667 drunk drivers
SO 26,100 minimum from secondhand smoke

drunk driver threat 2.5%, secondhand smoke 97.5%

You're in construction, do you realize all the stuff that you have breathed in? I think they would be very hard pressed to prove that it was second hand smoke that caused the lung cancer or heart disease.

 

[kwired]

You're in construction, do you realize all the stuff that you have breathed in? I think they would be very hard pressed to prove that it was second hand smoke that caused the lung cancer or heart disease.

I agree.

Lots of activities produce airborne particles. I am not necessarily convinced that certain items cause cancer as much as I am convinced certain people have a higher tolerance to certain things. I have known people that are 80+ years old that have smoked all their life and were in decent physical condition for their age, and then you have 40-60 year old people (and occasional even younger) that succumb to something that seems common.

 

[George Stolz]

It always tickles me when I have to walk out of a room so dusty from concrete and drywall dust that you can barely see (much less breathe) and walk across the street and hide under a car to smoke a cigarette.

 

[cowboyjwc]

It always tickles me when I have to walk out of a room so dusty from concrete and drywall dust that you can barely see (much less breathe) and walk across the street and hide under a car to smoke a cigarette.

With all that dust, you're more likely to cause an explosion than to give anyone cancer.:lol:

 

[iwire]

It always tickles me when I have to walk out of a room so dusty from concrete and drywall dust that you can barely see (much less breathe)

That would be an OSHA violation without PPE.