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HR MATTERS E-TIPS
THIS WEEK'S TIP: Tobacco Issue You May Have Missed Q&A
Published by Personnel Policy Service, Inc.
"Your Policy and Compliance Experts Since 1972"
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THIS WEEK'S TIP: Tobacco Issue You May Have Missed Q&A
Chewing tobacco may not be as prevalent in the workplace as smoking
is, but it can crop up in most any environment and cause just as many
problems. Find out your options in dealing with this issue. |
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^^^^^^^^^^^^^^^^^^^ F-r-e-e Bonus Download ^^^^^^^^^^^^^^^^^^^ |
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Do you need carefully researched policy language on today's topic?
Download our f-r-e-e model policy on Smoking.
Got to:
http://www.ppspublishers.com/ez/ezdcsmoking.htm
This document includes an up-to-date smoking policy and provides
supporting management rationale, as well as relevant legal references.
If you're in charge of policies, this point-by-point explanation of how
to
handle tobacco in the workplace is a must-have. Topics include:
- Smoking in the Workplace
- Smokeless Tobacco Products
- Assessing Need for Restrictions
- Approaches to Smoking Restrictions
- Policy Implementation
- Courtesy, Complaint Resolution, and Disciplinary Action
- Enforcing Break Rules
- Hiring Preferences for Nonsmokers
- Information on Smoking and Smoking Cessation Programs
- Statutory Restrictions on Smoking
- Employer Liability for Smoking in the Workplace
- The Americans with Disabilities Act and Related Laws
- Collective Bargaining Agreements and Smoking Policies
- Smokers' Rights Laws
Our Smoking Policy is f-r-e-e, so download it today.
Go to:
http://www.ppspublishers.com/ez/ezdcsmoking.htm |
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THIS WEEK'S TIP: Tobacco Issue You May Have Missed Q&A
Q: We have several employees who chew tobacco at work, and
other employees and customers have complained about their habit. How
should we handle this issue? In our smoking policy? Our policies do
not
specifically address this practice.
A: Smokeless tobacco products (such as chewing tobacco and
snuff) can cause as much conflict in the workplace as smoking does.
Although their use may not directly affect the health of coworkers,
as
smoking does, it often offends other employees and customers.
In particular, their use raises issues of sanitation and manners
(spitting),
unprofessional appearance (chewing), and the need for consistent
treatment of all tobacco users. While the problem is normally
associated
with rural settings, it can and does occur anywhere. It may even
come
up as an issue when employees are trying to quit smoking and switch
to
smokeless tobacco products.
Employers concerned about restricting the use of these products
usually
address the problem in one of two ways. Some choose to deal with it
specifically by including a ban on the use of all tobacco products
in their
smoking policy. These employers recognize that smokers may feel
unfairly targeted if coworkers can still chew tobacco at work. This
approach may be called for if you have a number of employees who use
smokeless tobacco, particularly if you are getting complaints.
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(Note that any ban should be limited to the workplace and should not
prohibit off-duty use. Over half of the states, including New
Jersey, New
York, Illinois, and Kentucky, do not allow employers to discriminate
against people who smoke or use smokeless tobacco outside of work.)
A second approach, if the problem appears more limited, is to
address it
by applying existing workplace policies. If you have had only a few
complaints, you may prefer this tactic so that you do not end up
rewriting
your policy just to deal with a relatively isolated situation.
For example, if tobacco spitting is causing unsightly and unsanitary
conditions, a policy requiring clean and orderly workspaces could be
applied. Similarly, a prohibition of tobacco chewing could be an
extension of a customer relations policy that prohibits chewing gum
and
eating while talking on the phone or dealing with customers.
Thus, your approach can and should be tailored to address the
magnitude of the problem. The use of smokeless products can pop up
unexpectedly, so you need to understand your options in advance.
Finally, note too that in the absence of a union contract stating
otherwise,
you generally have discretion to set your policy unilaterally
regarding
these issues. |
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Subscribers to the
Personnel Policy Manual and
HR Policy Answers on
CD can find more information on smokeless tobacco in Smoking,
Chapter 607, note 2. For a sample clean workspace policy, see
Maintenance of Work Areas, Chapter 602.
Not a subscriber? If you would like to order one of our policy chapters,
go to:
http://www.hrpolicyanswers.com
If you have any questions, please call us at 1-800-437-3735. We'll be
happy to help you. |
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Information provided in HR Matters E-Tips is researched and reviewed
by the HR experts at Personnel Policy Service as well as employment
law attorneys. However, it is not intended as legal advice. Readers are
encouraged to seek appropriate legal or other professional advice.
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