Lack Of E-Cigarette Laws Leaves Employers In Haze

Ed Harold was quoted in a New Orleans City Business article about the Louisiana Legislature moving toward enacting a ban on e-cigarette sales to minors, and some employers are wondering whether it should be extended to the workplace.

The growing industry is still largely unregulated, although several states, including Louisiana, have approved or proposed laws that would restrict certain uses, according to the article. The lack of regulations at the state and federal level places the business sector in uncharted territory.

Ed said that the lack of regulations has left employers essentially free to make their own decisions as to how they want to treat e-cigarettes.

“Some employer are treating them just like regular cigarettes and ordering employees to go outside like other smokers,” Ed said. “Other employers would rather have their employees sitting at their desks working (and smoking e-cigarettes) rather than taking breaks.”

With no laws on the books, employers don’t face much legal risk at the moment regarding e-cigarettes in workplace.

“The only legal ground to challenge an employer would be if someone has a medical condition impacted by e-cigarettes,” he explained.

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