Vape Users and Workplace Policies: What’s Allowed?

The rapid rise of vaping technology and changing legal landscapes have created complex challenges for employers worldwide. As electronic cigarettes and other vaping devices become increasingly prevalent—particularly among younger demographics—workplaces are grappling with how to integrate these developments into existing tobacco policies. The fundamental question remains: what is allowed when it comes to vaping at work? The answer lies at the intersection of employee rights, health regulations, and employer responsibilities. With recent crackdowns on illegal vaping products and growing evidence of health implications, organizations must develop comprehensive policies that address both traditional smoking and emerging vaping trends. This article examines the current state of workplace vaping regulations, offering guidance for employers and employees navigating this evolving landscape.

1.The Evolving Regulatory Landscape

Globally, governments are taking increasingly stringent approaches to regulate vaping products. In Australia, the Queensland government has introduced “the nation’s strongest illicit tobacco and vape laws,” granting health officers authority to conduct undercover investigations and instantly shut down illegal traders for three months. Landlords who knowingly permit illegal tobacco or vape activity now face penalties of up to $161,300 fines and one year in jail 1. Similarly, in the United States, the FDA has intensified enforcement against unauthorized vaping products, issuing warning letters to retailers selling products without proper marketing authorization 8.

These regulatory developments directly impact workplace policies. Employers must recognize that many vaping products sold commercially lack proper authorization. The U.S. Department of Health and Human Services notes that “up to 85% of e-cigarette devices and pods sold in U.S. retail outlets are illegal products,” with recent operations seizing millions of unauthorized devices 2. This regulatory environment empowers employers to restrict vaping in the workplace, particularly since many products may not meet legal standards for sale or use.

Hong Kong’s recently passed tobacco control legislation offers a glimpse into future regulatory directions. The 2025 Tobacco Control Law (Amendment) Ordinance introduces complete harm warning packaging, flavor bans, and expanded smoke-free areas 49. These measures align with World Health Organization recommendations and signal a global trend toward stricter regulation of vaping products alongside traditional tobacco.

2.Documented Health Risks and Employer Liability

The health implications of vaping continue to evolve as research advances. The U.S. Surgeon General’s office emphasizes that “vaping directly threatens children’s brain development, mental health, and long-term well-being” 2. While much attention has focused on youth vaping, these concerns extend to the workplace, where employers have a legal obligation to provide a safe environment free from recognized hazards.

Secondhand aerosol from vaping devices contains potentially harmful substances, including:

• Nicotine – the same highly addictive chemical found in cigarettes

• Ultrafine particles that can penetrate deep into lung tissue

• Flavoring chemicals linked to respiratory disease

• Volatile organic compounds and other potentially toxic agents

Although the long-term health effects of secondhand vapor exposure are still being studied, employers may face liability issues if they permit vaping in enclosed spaces and health consequences emerge. This risk is particularly significant in jurisdictions where vaping is legally equated with smoking, as seen in Spain’s proposed legislation that would treat vaping identically to traditional smoking for regulatory purposes 5.

Beyond physical health concerns, vaping in the workplace can create interpersonal conflicts and productivity issues. Employees may find the scent or visible vapor disruptive, regardless of its actual health implications. The addictive nature of nicotine also means that vape breaks could potentially disrupt workflow similarly to traditional cigarette breaks, requiring consistent policy application across all nicotine delivery systems.

3.Developing Comprehensive Workplace Vaping Policies

Creating effective workplace vaping policies requires careful consideration of legal requirements, health implications, and organizational culture. The following framework provides a foundation for policy development:

• Policy Scope and Definitions

Clearly define what products are covered by the policy, including e-cigarettes, vape pens, mods, and other electronic nicotine delivery systems (ENDS). Explicitly state whether the policy applies only to nicotine-containing products or extends to cannabis/cBD vaporizers where legally permitted.

• Usage Restrictions

Specify where and when vaping is permitted on company property. Many organizations choose to align vaping policies with existing smoking policies, restricting use to designated outdoor areas away from building entrances and air intake vents. Others implement complete bans on vaping throughout company property, including parking areas.

• Product Safety and Legality

Given the prevalence of illegal vaping products, employers may consider prohibiting devices that lack regulatory approval. The FDA emphasizes that tobacco products “must be in compliance with the FD&C Act and its implementing regulations” 8. This provides legal grounding for employers to ban unauthorized devices from workplace premises.

• Accommodation Considerations

Some employees may use vaping as a smoking cessation tool. While employers are generally not required to accommodate vaping as a reasonable accommodation under disability laws, they should consider offering support through employee assistance programs (EAPs), smoking cessation resources, and nicotine replacement therapy benefits.

4.Implementation and Enforcement Strategies

Developing a policy is only the first step; effective implementation and consistent enforcement are crucial for success. The following strategies can enhance policy adoption:

• Communication and Education

Roll out new vaping policies with comprehensive educational campaigns that explain the rationale behind restrictions. Include information about:

• • The health effects of vaping and secondhand exposure

  • The prevalence of illegal vaping products and associated risks

  • How to access cessation resources for employees who wish to quit

  • The specific requirements of the workplace policy

Training for managers and supervisors is particularly important, as they will be primarily responsible for policy enforcement. Provide clear guidance on how to address violations consistently and respectfully.

• Designated Vaping Areas

For organizations that permit vaping elsewhere on property, carefully consider the placement of designated areas. These should be:

• • Located sufficiently far from building entrances, windows, and air intake vents

  • Equipped with appropriate signage and disposal containers

  • Positioned considering wind patterns to prevent vapor drift into buildings

  • Separate from other outdoor break areas to minimize non-users’ exposure

• Consistent Enforcement

Apply vaping policies consistently across all employee levels to avoid perceptions of unfair treatment. Implement progressive discipline for violations, beginning with education and warnings before advancing to more serious consequences. Document all policy violations and enforcement actions to demonstrate consistent application.

5.Special Considerations for Different Work Environments

Workplace vaping policies must adapt to specific work environments and arrangements:

• Office Settings

In traditional office environments, vaping policies typically align with smoking policies. Many organizations implement complete indoor bans with designated outdoor areas. With the rise of open office plans and hoteling arrangements, clear policies become even more important to prevent conflicts between employees.

• Industrial and Manufacturing Facilities

In industrial settings, additional safety concerns emerge around vaping near flammable materials or in environments with explosive hazards. Some employers prohibit vaping devices entirely in these areas due to potential ignition risks, similar to restrictions on electronic devices in certain environments.

• Remote Work and Travel

The growth of remote work arrangements creates new challenges for policy enforcement. While employers have limited control over home offices, they can establish guidelines for vaping during virtual meetings or company-sponsored events. Similarly, clarify policies regarding vaping in company vehicles or during business travel.

• Multistate and International Operations

Organizations operating across jurisdictions must navigate varying legal frameworks. For example, while Singapore implements a “zero-tolerance” approach with heavy penalties for possession 6, other regions may have more permissive regulations. Multinational employers should develop core policy principles that can be adapted to local requirements.

6.The Future of Vaping in the Workplace

As regulatory frameworks continue to evolve, workplace vaping policies will need regular review and updating. Several emerging trends deserve attention:

• Increased Regulation

The global trend points toward stricter vaping regulations. Spain’s proposed legislation banning smoking and vaping on terraces, beaches, and bus stops 5 exemplifies how restrictions are expanding beyond indoor spaces. Similarly, South Africa is moving toward “stricter regulation of vapes and e-cigarettes, aligning them with traditional tobacco products” 7. Employers should monitor regulatory developments in their jurisdictions and adapt policies accordingly.

• Product Evolution

The vaping market continues to evolve rapidly, with new products and delivery systems emerging regularly. Disposable vapes, nicotine pouches, and heated tobacco products each present unique considerations for workplace policies. Organizations should craft policies broad enough to encompass future product developments rather than focusing solely on current devices.

• Wellness Integration

Forward-thinking organizations are increasingly integrating tobacco-free policies into broader workplace wellness initiatives. Rather than treating vaping restrictions as standalone rules, they connect them to comprehensive health promotion programs that include mental health support, stress management, and chronic disease prevention.

Conclusion

Navigating vaping in the workplace requires balancing multiple considerations: protecting employee health, complying with evolving regulations, maintaining productivity, and respecting individual choices. The current regulatory trajectory clearly points toward increased restrictions on vaping products globally, with governments implementing stronger enforcement measures against illegal products and expanding smoke-free zones 145.

The most effective workplace policies will be those that:

• Clearly define what products are covered and where they may be used

• Provide education about health risks and cessation resources

• Enforce rules consistently across all employee levels

• Adapt to evolving regulatory requirements and product innovations

• Integrate with broader workplace wellness initiatives

As research continues to emerge about the health effects of vaping—both for users and those exposed to secondhand aerosol—employers should prepare to update their policies accordingly. By taking a proactive, evidence-based approach to workplace vaping policies, organizations can protect their employees’ health, minimize legal risk, and maintain a productive work environment for all.

Whether your organization is creating its first vaping policy or updating existing regulations, the time to address this evolving issue is now. With clear communication, consistent enforcement, and appropriate support for employees who wish to quit, workplaces can effectively navigate the complex landscape of vaping regulations and rights.