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no smoking policy

Discussion in 'Commercial Snow Removal' started by IPLOWSNO, Jan 25, 2011.

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    IPLOWSNO PlowSite.com Addict
    Messages: 1,620

    hey guys,

    If you have a no smoking policy, at what point do you mention it to your employee.

    Would it be in the original ad you ran?

    Maybe during the interview process?

    Or two weeks later after ya have them fill out theyre paperwork???

    and say you are a smoker and find out 2 weeks later how would you handle it?????

    STIHL GUY Senior Member
    from CT
    Messages: 663

    im not a smoker but if i was i might be angry to not find out untill 2 weeks into my job
  3. JohnRoscoe

    JohnRoscoe Senior Member
    Messages: 209

    Sorry, but it's 2011, if you're a smoker and expect to be able to smoke on the job, you're wrong. Jobs are few and far between where you can light up in the company facilities or vehicles.
  4. exmark1

    exmark1 PlowSite.com Addict
    Messages: 1,321

    I tell them at the time I offer them a job, if they aren't ok with it they can walk right then and there.
  5. Matson Snow

    Matson Snow PlowSite.com Addict
    Messages: 1,985

    There is a Very large Concrete Paving company in this area......In their ads for Employment...It states it is a Non-Smoking company and Smokers need Not apply...

    Be up front with potential employees......State to them what your policy is and what is expected.....
  6. snocrete

    snocrete Banned
    Messages: 2,862

    Fortunately most of my help dosent smoke. Couple do, but its not like they are a furnace face (1 right after the other). So smoking while at work really isnt ever an issue. The ones that do are considerate and check with me if its ok....all depends where we are working at what we're doing.

    I try not to get too worked up over cigs......But I wouldnt want you smoking in my loader either.
  7. NicholasMWhite

    NicholasMWhite Senior Member
    Messages: 175

    That right there is playing with fire. That's discrimination. You can say that it is a smoke free workplace. And there is no smoking on the job. But to say that you don't hire smokers is asking for a lawsuit.
  8. JohnRoscoe

    JohnRoscoe Senior Member
    Messages: 209

    The Scotts Co. here in town went non-smoking a few years ago. No new hires can smoke. Current employees that smoked before the ban had to take classes, got free gum, etc.

    Someday my kids will wonder why anyone ever smoked.
  9. KM81

    KM81 Member
    Messages: 47

    First off: I am a smoker. BUT I don't smoke in my truck (well I try not to anyways haha) or my house and I would expect the same of my employees. What they do in their truck/on their time is their business. You have every right to tell them if your not ok with it on your time. But if you try and tell them that they cant smoke at all (at home, in their car) then your asking for a discrimination law suit.
  10. Mackman

    Mackman PlowSite.com Addict
    from S.E. PA
    Messages: 1,356

    What no you mean by the no smoking policy?? Like just in the equipment or no smoking at all.??
  11. simoncx

    simoncx Senior Member
    Messages: 113

  12. sweetk30

    sweetk30 PlowSite.com Addict
    Messages: 1,588

    orignal poster

    it dont matter for you. you live in new york state. the law says no smoking in the work place. your covered by the state.

    here ya go right off new york state health web site. read definitions #5 at the end ( COMPANY VEHICLES )


    i dont mind smokers if thay do 3 things for the rest of us non smokers.

    #1 keep a eye on the direction of the smoke to NOT blow back at us. ( outside smokin and it blows inside )

    #2 pick up your butt's . nothin worse than a fu*kin lazy a$$

    #3 dont take 40 million smoke brakes threw out the day and expect us non smokers to be your friend.
    Last edited: Jan 25, 2011
  13. dforbes

    dforbes Senior Member
    Messages: 247

    I would have to respectfully disagree with you on this one. You are free to run your business the way you want to with a few exceptions. Discrimination due to sex, age, color, religion are illegal. Discrimination due to smoking is not. There was a case a few years back where a guy gave his employees a year to get down to a healthy weight or they were fired. He paid for gym memberships for everyone. He was sued. He said that because they unhealthy his insurance premiums were much higher. He won.
  14. kashman

    kashman PlowSite.com Addict
    Messages: 1,070

    Well I smoke so you can smoke all you fell like in and out of my truck
  15. Dr Who

    Dr Who Senior Member
    Messages: 637

    Yep...Lawyers would have a field trip with this, and the employer would be up the creek with out a paddle!
  16. Dr Who

    Dr Who Senior Member
    Messages: 637

    Don't matter what they do, its is still illegal to not hire someone cause they smoke.
    Its about the same as not hiring someone due to there religion,color or if they eat meat or not. It has nothing to do with there work skills or work ethic.

    now excluding if the job they are applying for is a fire hazard, then smoking would be a safety issue, then yes you could not hire someone casue they smoke. But other then that, its plain ol discrimination.
  17. I could give a damn if my employees smoke or not, as long as the work is getting done! If I repeatedly see ya just standing there smoking you will be told, but if the shovels moving etc, who cares. That being said I ask that they don't discard butts etc on a customers property, dont stand by the entrance and smoke if the business is open etc and don't leave them in my trucks. I also would never tell a sub that they couldn't smoke in their own vehicle while plowing, unless it was a site requirement such as a hospital grounds. What the hell ever happened to individual rights in this country?
  18. Dr Who

    Dr Who Senior Member
    Messages: 637

    What? that is hard to believe. Fire someone cause they are fat? I have a hard time believing that you can fire someone or not hire some one due to smoking or them being fat, unless it impedes there work or makes them a hazard..
    Well, I guess people that smoke need to start a religion that centers around smoking, then they are good to go :)

    I was on a project years ago, we had local labor do the crappy work, like push wheel barrels. Had a local guy apply, his job was to push wheel barrels around, he had one arm, but the company had to hire him anyway. They would had got sued for discrimination, but the guy could not do his job, ever tried to push a wheel barrel full of dirt with one had?
    he just stood around and collected a check, and this is a company that gets OSHA called on them about every other project, but they still hired him.

    I think that it all depends on who has the better lawyer.....
  19. PlatinumService

    PlatinumService Senior Member
    Messages: 559

    i tell them right in the interview that there is no smoking on site.

    customers really appreciate the fact we dont leave cigarette butts around or down the street from the wind blowing them around.

    its not discrimination.. its a health and safety violation.

    if i hired a guy without an arm to push wheel BARROW'S and didnt know.. im pretty sure i have a right to fire him because he cant do his job. it would be no different if a fat guy sat down every 30 secs because he was out of shape. if you dont do the job up to par you get fired.
  20. Snowguy01

    Snowguy01 Senior Member
    from Erie
    Messages: 141

    I tell them at the time of the interview here are my rules and policy's I state that we do not smoke on the job or in my trucks I cant stand the smell of smoke in my trucks And I often take my kids and wife with me in my work trucks if they get caught they get a verbal written and they sign it after three times they get let go. every time one gets caught they have to sign a paper stating they got caught. I have only had one person who did not take the job due to him not being able to smoke.
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