Should You Be Able To Vape In An Office? A Smok Alien Example

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As in so many areas, there is still no uniform legislation for the e-cigarette in the workplace and thus no valid ban. However, it is now established that the general non-smoker protection laws or employment regulations, such as the Workplace Ordinance, are not simply transferable to steaming.

Generally, there is currently no need for action to prohibit or permit vaping separately and concretely, in the absence of legal provisions on the e-cigarette. Up to an update of the corresponding regulations and the work protection law it remains probably a discretionary thing. However, a general prohibition would not be correct, since a reference to unproven health risks as justification is not sufficient, say some lawyers. But even here there are exceptions, for example, if the consumption could harm corporate interests, eg in sales rooms, at petrol stations and in restaurants.

Another exception would be if excessive consumption, eg at the desk, affects the quality of work. However, as long as no concrete laws exist or the health risk is proven, an employer can not easily ban steaming at work. However, in order to maintain the positive working atmosphere and the quality of service, a binding internal agreement should be made in advance. This includes, for example- as far as possible –  a spatial separation of the steaming and non-steaming colleagues.

The old-fashioned rule that the (e) cigarette stays in the office and can only be used in a smoking area can also help. But here’s something important to note for bosses:  they can not just explain the existing smoking room to the expanded e-cigarette room. Because sometimes steamers use the alternative also to quit smoking. In fact, steamers are non-smoking and must not be exposed to tobacco smoke without further ado. Until the legislature can be moved to uniform rules, the matter remains complicated and above all requires communication, understanding and empathy of the persons involved in the individual case. The Smok Alien has been tested, with positive results.

Although harmful effects of e-cigarettes have not yet been proven, many non-smokers, who certainly exist among their colleagues, nevertheless fear that unknown substances will be released when steaming, which they will then inhale. Although steaming pollutes the air much less than “normal” smoking. However, as the consequences for health have not yet been fully clarified, many employers want to preemptively avoid potential harm and are rather sceptical or even hostile to the e-cigarette in the office.

A ban on the e-cigarette may be considered in individual cases if due to excessive consumption about the time to provide the owed labour is missing. Another case in which a ban is considered is certainly the customer contact. A pastry shop assistant or a waiter, for example, who consume e-cigarettes during their work, may seem strange and dissuasive to many customers. This can, therefore, prevent the employer.

Even if there are conflicts between consumers and “passive steamers” in the workplace, what has already been said applies: As long as it has not been established through proven and documented findings that e-cigarettes can cause harm to third parties, a restriction of the consumer’s basic craze is inevitable further into consideration. The employer can therefore not rely on legal regulations for conflict resolution.

In addition, as many legal issues relating to the handling of e-cigarettes are still unclear, employers are required to seek pragmatic and consensual solutions. It would be conceivable, for example, to place consumers and non-consumers – wherever possible – in different offices or to provide premises for the consumption of e-cigarettes.

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