In just a few short years, electronic-cigarettes (also known as “e-cigarettes” or “vapes”) have become a burgeoning industry in the United States. In case you are like me and are always last to know about the latest trends, e-cigarettes are essentially battery-powered devices that heat a liquid nicotine solution until it turns into a vapor mist that can be inhaled by users. They are available in a variety of exotic flavors, including Apple Pie, Bubble Gum, Cotton Candy, and Mint Chocolate Chip, and are used by young and old alike. Though few studies have been conducted yet on the long-term health risks or benefits of e-cigarettes, proponents of the product argue that they are a better alternative to traditional cigarettes because users inhale fewer harmful chemicals, there is no open flame involved, and the vapor cloud created from using the product does not have a distinctive odor and dissipates rather quickly.
Continue Reading E-Cigarettes in the Workplace: A Burning New Question for Employers

This post was contributed by Kelley E. Kaufman, Esq., an Associate in McNees Wallace & Nurick LLC’s Labor and Employment Law Practice Group.

In a recent decision, the Supreme Court of Pennsylvania evaluated whether a public employer’s ban on employee tobacco use in the workplace affected a "working condition" that was subject to the

Today’s smokers [are] more addicted to nicotine according to a new study, which notes that 73% of those trying to quit are “highly dependent”. The Center for Disease Control and Prevention estimates that 20.2% of Americans are smokers. Pennsylvania has a slightly higher rate of smoking at 21.5 % with 51.9% attempting to quit. Many of these smokers

The Department of Health (DOH) released additional Guidance and an application for an exemption for drinking establishments, cigar bars, and tobacco shops under Pennsylvania’s Clean Indoor Air Act (CIAA). The DOH information tangentially addresses the cross over between the prohibition on smoking in “workplaces” that may also be exempt “drinking establishments”.  For example, the law

The Pennsylvania Department of Health (DOH) has issued Guidance in preparation for the September 11, 2008 effective date of Pennsylvania’s Clean Indoor Air Act (CIAA). The Guidance has the following noteworthy provisions and references collateral documents:

  • Owner/Employer Compliance ToolkitAdditional guidance will be available in a Toolkit which will be available on the DOH website