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October 31, 2017

New York State Bans Electronic Cigarettes In The Workplace

On October 23, 2017, New York State Governor Andrew Cuomo signed legislation, amending the “Clean Indoor Air Act” (the “Act”) the use of electronic cigarettes, or “vaping,” in any location in New York State where cigarettes and other traditional tobacco products are already prohibited by law, such as places of employment, restaurants and the grounds of hospitals and residential health care facilities. (For more information on the Act’s impact on hospitals and residential health care facilities, see our October 29, 2013 alert:

Takeaway for Employers

The vaping ban will go into effect on November 22, 2017. Prior to the effective date, employers should revise their policies to prohibit the use of electronic cigarettes in addition to other tobacco products in the workplace. Furthermore, although not a requirement under the amended Act, we encourage employers to add “No Vaping” to all “No Smoking” signs or notices. We note that the use of the current international “No Smoking” symbol in all regulated areas will suffice to provide notice of banning electronic cigarettes.

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Please do not hesitate to contact us with any questions on the Clean Indoor Air Act.