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Scottish Sunday: International

American row over workers sacked for lighting up at home grows as legal experts fear other bosses could follow suit

Thousands of smokers in America are afraid for their jobs this weekend after a firm in the business of organizing health services sacked employees who smoked anywhere in their off-duty hours.

Legal experts raise concerns about the broader implications

Legal experts say there’s not much smokers can do if other bosses bring in similar rules. Kathleen Bogas, National Employment Lawyers’ Association vice president, said: “This will empower employers to take further steps to restrict the rights of employees – and that is the tragedy.”

Firm implements strict smoking ban and fires employees

At least 20 workers, including at least one husband and wife, quit smoking “voluntarily” after the Michigan-based firm Weyco, which employs 200, outlined plans for a zero-tolerance smoking policy. At-home smokers were to be fingered with random nicotine tests. At the end of December, the axe fell. Four women were fired before the new “no smokers” policy took effect on January 1. Bogas said the women had to sign a document declining the test and saying they were smokers. It read in part: “I understand that by self-identifying myself as a tobacco user, I will be relieved of my duties immediately.” The women were then escorted from the premises. “These were women who really loved their jobs. One had worked there for 14 years. If they could have given up smoking they would have. It is an addiction,” said Bogas.

Civil rights campaigners condemn the move

The action has been attacked by civil rights campaigners. Lewis Maltby, president of the National Workrights Institute said the smoking ban was an invasion of individual rights. “What you do in your own home after work or on the weekend is none of your boss’s business,” he said.

Growing trend in anti-smoking measures by US employers

In a poll last month, one third of US employers said they had stop-smoking programs. One in 20 said they preferred not to hire smokers and 1% refused to hire smokers. Dr Lauren Colby, a lawyer and author of the book In Defense Of Smokers, said the way the law stood in many American states meant there was little workers could do about it if they were sacked for being smokers.

Weyco's implementation and defense

Weyco’s random nicotine testing began on January 1 after being set out in a company document last year. This said that from that date Weyco “will be a smoke-free company and all employees must maintain a smoke-free and tobacco-free status at all times”. Employees would have to submit to “pre-employment and random smoke tests and submit to pre-employment and reasonable-suspicion drug, alcohol and smoke tests”. Howard Weyers, president of the company, said its approach to smoking “might not be for everybody”. But as the business was providing other companies with innovative health plans “it’s natural for us to take a leadership position on this issue”.

New heading: Smoking Policies in Hotels

Smoking policies in hotels have become stricter over the years due to health concerns and changing attitudes towards smoking. Many hotels have implemented smoke-free policies, banning smoking in all indoor areas, including guest rooms, public spaces, and even outdoor areas like balconies and pool areas. This trend is driven by the desire to provide a healthier environment for guests and staff, as well as to comply with local regulations and reduce fire hazards associated with smoking.

Hotels that have implemented smoke-free policies often provide designated outdoor smoking areas for guests who wish to smoke. These areas are typically located away from entrances and common areas to minimize the impact of second-hand smoke on non-smoking guests.

Guests who choose to smoke in non-smoking hotel rooms may face significant fines or be asked to leave the hotel. This is to ensure the comfort and well-being of all guests, as well as to cover the costs of cleaning and deodorizing the room to remove traces of smoke.

Smoking policies in hotels are increasingly aligned with public health initiatives and reflect the changing societal norms around smoking. By providing smoke-free environments, hotels aim to attract health-conscious guests and create a more pleasant experience for all visitors.

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