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Any legal guys/gals on here???

Discussion in 'Tobacco Harm Reduction' started by Fazer, Oct 23, 2014.

  1. Fazer

    Fazer Initiate

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    I quit smoking and started vaping 7 weeks ago, never touched a cig since day one. At work today I was told by my supervisor that if I wanted to use my ecig I had to stand with the smokers, I told him that I had quit smoking to be healthier but he insists, because I use an ecig, I am therefore a smoker that I must stand with the smokers. As far as I'm concerned he is breaching my human rights, but I'm not sure if I'm correct in thinking this.
    Any input would be really appreciated......
     
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  2. Diche

    Diche Veteran

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    You are correct, he is harming your health by forcing you to passive smoke at work despite the fact that you are now a non-smoker. Ecig vapour contains nicotine but it does not contain the 60 odd carcinogens the cigarette smoke does. Making you stand outside is one thing, making you stand in the smoking hut is quite another.
     
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  3. Diche

    Diche Veteran

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  4. Fazer

    Fazer Initiate

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    Brilliant, thank you Diche, that second link has some very interesting info, I'm going to print it off and highlight all the relevant parts and take it into work. Thanks again
     
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  5. brosh

    brosh Postman

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    I think the thing that strikes me is that there doesn't seem to be another alternative for you... You can go "by the law", but you do risk then pissing people off to the point that they begin to look for reasons not to employ you any more. Depends on a few things I guess, starting with if you're in a high demand sector, through to how much of a douche your seniors are (sounds like they're pretty douchey to me).

    First thing that I would do is look for an alternative, try find a spot that's out of sight of customers or clients etc, but within easy reach so you don't have to walk a mile to get to it. Try that spot, be careful if people have to walk nearby that you don't blow steam in their faces, and see how you get on - one single complaint and you'll be forced into the shed. If he bitches at you, then you tell him you rightfully don't want to be surrounded by smokers, and that you're willing to put some effort into coming up with an alternative. It sounds like that may be your current situation though... The problem is, if you charge in with a list of laws and regulations, he's gonna come back with a fuckton more about your every day job, and start enforcing that shit (making life hell for you, basically). That's what I'd do if someone approached me with some sheet of rules.

    So, next step is to try persist a little. Have a chat with him, or even skip him and jump higher up. If it's a large company with many offices / stores / warehouses / whatever, you may want to find one of the building executives, if it's a small company, you may well be royally screwed, but either way you should persist to try find a tradeoff, where you come off favourably but he also feels like he's won. If he won't accept it, you could go to Citizens advice and see what they suggest, I imagine they have some generic templated letter that you can submit to the employer to get them to do something...

    Citizens Advice - Work

    Just take my word for it, you really don't want to take the balls deep legal approach. I've tried it before at a previous job, and 2 months later I was forced into voluntary redundancy when the recession hit us for the 5th time and shit hit the fan. I *was* one of the favourites to stay at the company, until I started my crusade, at which point I immediately hit the bottom of the list and was first in line for demotion and dismissal.
     
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  6. simonsays

    simonsays Achiever

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    I read these type of threads every few weeks here and usually refrain from commenting as it tends to go downhill but here goes....

    You're onto a loser here.

    Just as your employer is not obliged to provide facilities for smokers, he's also not obliged to provide facilities for vapers.

    He doesnt want either activity to take place in certain areas and that's pretty much the end of it.

    Taking research papers in/education/promoting the health benefits won't make a jot of difference if he doesn't want you to do it. It's not a human rights issue, rather a condition of your employment.


    I've been down this route. Working for the NHS. Similar situation to yours. Took all the research papers in to an appointment with personnel. They didn't even want to see them, just said that they had included electronic cigarettes in with the no smoking policy and it was now a condition of my employment. I could either accept it or move on.

    Pretty plain and simple.

    Whilst I love vaping, I value (need) my job far more.
     
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  7. 3born

    3born Postman

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    This might be a dead thread but this was on the health and safety executive web site thing



    If an employer decides to 'prohibit' the use of e-cigarettes in the workplace but allow for ‘vaping’ breaks or provide areas where employees can use e-cigarettes, the employer needs to ensure that those who use e-cigarettes are not put at risk of harm from second-hand tobacco smoke.


    Planet of the Vapes
    Vaping since 3/6/14
     
  8. peps1

    peps1 Postman

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  9. deekod

    deekod Postman

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  10. alwayslit

    alwayslit Achiever

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