Don’t Vape on Me
Vaping isn’t a new phenomenon any longer, but the number of persons now using vapes, or more accurately, “nicotine dispending devices” have grown significantly in the last five years. A quick internet search on “statistics on vaping in the United States” provides many articles on the subject.
Although the use of vapes or e-cigarettes is on the rise, the use of these devices has been less regulated than cigarette, but regulations are on the rise, too and your association may be affected by the change in the law.
Florida isn’t falling behind in regulating the use of vapes. Smokers who have transitioned to e-cigarette or vaping devices had a little more freedom until the 2019 legislative session restricted the use of the nicotine dispending devices in some places. Whether an employee of the association, unit member or owner or visitor, anyone coming into an enclosed workplace must abide by the law.
Businesses in Florida that have enclosed workplaces are now required to develop and implement a policy regarding smoking and vaping prohibitions. Section 386.206 of the Florida Statutes require a policy to include (but is not limited to) procedures to be taken when the proprietor or other person in charge of a workplace witnesses or is made aware of a violation of the statute in the enclosed indoor workplace. The policy must prohibit an employee from smoking or vaping, or both, in the enclosed indoor workplace.
The statutes gives the person in charge of a workplace the discretion to post signs indicating that smoking or vaping, or both, are prohibited.
Chapter 877 at section 877.112 of the Florida Statues, entitled “Miscellaneous Crimes”, details the crimes surrounding nicotine, cigarettes and nicotine dispensing devices, which includes the prohibition on sale to minors or in gifting samples to minors. A person who violates the statute commits a misdemeanor of the second degree, punishable by up to 60 days in jail.
Has your association discussed the development and implementation of policy regarding the use or prohibition of nicotine dispensing devices in your workplace?