General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTheoretically, when a car is parked on someone's property (a hospital in this case)
can the inside of that car be considered hospital property? I am about to write to my union and I wanted to know how strong the ground I'm standing on really is.
Here are three pieces of background, two about me and one about the problem.
My mother died when I was eight. She was a smoker and I always blamed the cigarettes and therefore have never once touched a cigarette.
I would never make that choice for another. As we have learned about the dangers of second hand smoke, I have been okay with the sequestering of the two populations from one another but that is my line. I will never expect nor demand that others share my POV around cigarettes.
Here is the problem. I just received a letter from my hospital telling me (and all of the staff, of course) that we will become a smoke free campus. I'm a bit bothered by that but I am shocked by this: "This policy will eliminate all tobacco products and e-cigarette use on all company owned property (e.g. buildings, parking lots, inside cars and outdoor areas.)
I am shocked by them adding in "inside cars" and I wonder, seriously, if any lawyer was consulted. As I'm about to bring this to the Union, they will soon need to talk to one, I'm sure.
Why would I, an avid nonsmoker, advocate for the few who still smoke in our facility? Because I am unsure if they will advocate for themselves and I'm horrified that the inside of my car mysteriously becomes the property of my hospital as soon as I drive it onto the premises.
Sheldon Cooper
(3,724 posts)Most of those employees are unionized. I don't know if they fought it or not, but the policy got implemented several years ago and is in effect to this day.
tavalon
(27,985 posts)That is the part that raised my hackles.
Sheldon Cooper
(3,724 posts)parked on the hospital campus. So I assume it was included somewhere in the policy.
Nuclear Unicorn
(19,497 posts)They can't stop someone from possessing tobacco products but if they get caught smoking in their car while that car is on hospital property it's grounds for discipline. In other words, they're trying to keep employees from running to their cars for a smoke break.
I'm a non-smoker. I think it's invasive but probably legal.
tavalon
(27,985 posts)Nuclear Unicorn
(19,497 posts)As I noted, it concerns the use, not mere possession and that may be their "out" as it were. I would also reemphasize, I believe the to be invasive.
silverweb
(16,402 posts)[font color="navy" face="Verdana"]I have no idea about the legality of their demands, but I'd have a serious problem with them if I worked there, especially the parts involving potential surveillance of the inside your personal vehicle and not allowing e-cigarettes.
There is absolutely nothing about e-cigarettes that is of risk to other people (like 2nd-hand smoke is). It's merely another nicotine delivery system, like gum and patches, which doctors routinely prescribe and hospital pharmacies provide.
Nicotine is being studied and used as a cognitive and mood enhancer, and has been found to delay onset and progression of some forms of dementia, including Alzheimer's. (Here's just one of many article abstracts from PubMed: http://www.ncbi.nlm.nih.gov/pubmed/1579636.) Nicotine is medicine for many people and e-cigarettes are just another, more pleasant way of administering it.
I suspect their reasons have to do with not being able to tell just by looking exactly what a person may be smoking. If you draw on a real or e-cig on your way out of the parking lot, or keep either in your car, I really think that kind of nosy surveillance should be off limits to them.
Your hospital's administration has, I believe, stepped over a line and I'd dearly love to hear what the union's lawyers and other civil liberties lawyers have to say about this.
tavalon
(27,985 posts)My hospital is known for sending out it's patriarchal edicts without notifying the Union. I'm fairly sure this is one of them.
I'm amazed (and yet not. Bullies are actually more scared than they seem) they didn't choose to have the balls to mention marijuana, being as our state has the distinction of being one of two that legalized recreational pot.
But whatever, it was the car thing that got me.
There is an inner lawyer in me that is just itching to fight them on this. At least delay them a bit while they pay their lawyers to fix their idiotic language.
E-cigs have not been well studied yet, but they seem to have the same low potential for dispersal as vaporizers for MJ have, which is to say, damn near none. I didn't know doctors were prescribing them. Interesting. That could be another wrinkle.
silverweb
(16,402 posts)[font color="navy" face="Verdana"]Doctors are not prescribing e-cigs themselves, as far as I know, but they do prescribe nicotine patches and gum all the time.
It's just that considering the ingredients in the flavored liquids used, e-cigs are merely another delivery system for nicotine - minus the tar and toxic tobacco additives in the smoke (i.e., everything that's unhealthy about smoking tobacco).
Please keep us posted on the progress of your grievance - and good luck!
ReRe
(10,597 posts)Yes, A-hole employers commonly dream up all sorts of shite to challenge the union. Do you have a union steward on your shift? Union stewards are supposed to know the contract inside out, but some don't take their stewardship as serious as they should. This sounds like a serious change in policy which should be negotiated at contract time.
I do know that at my children's HS, the policy was no smoking anywhere on school property.
tavalon
(27,985 posts)Not officially but very much so unofficially. I know the contract backward and forward. I also know that because we are not a closed shop, we have a very weak union. I don't hold much hope, but every smoker is going to pounce when I get back to work tonight so I'll be able to say, "I've filed a grievance." I already know how unlikely it is that the grievance will go anywhere, but it just pisses me off that this employer thinks they can hand down edicts on the weekend without notifying the Union or frankly anyone. This was a surprise. No working up to it. Just a poorly worded and draconiun letter. Their usual modis operandi.
ReRe
(10,597 posts)If you file a grievance, don't you have to point to the line in the contract that upholds your complaint? If you can't provide the specific code in the contract, I doubt if your grievance will go anywhere. When did they say this was going to go into affect?
avebury
(10,952 posts)Our Governor issued an Executive Order in 2012 creating smoke free campuses for all state properties and nobody got their panties in a twist. She even had the smoking room in the Capitol turned into a gym that is available to all state employees not just the legislators.
Did state employees have a hissy fit over it? No because we face ever increasing health care costs because state workers are high users of the health care benefits. We do get benefit allowances but it is not able to keep up with the rising costs. I am all for anything that might help to get costs under control. It has been 6 years since the last cost of living raise and so if health care costs outpace the benefit allowance, the shortfall comes out of your paycheck. A lot of people cannot afford to retire just because of health care costs.
Frankly, your reaction to your employer in this instance come across as immature. The non-smoking edict is a good decision from both a business and health stand point. And it is a hospital for crying out loud. If they seem patriarchal you are picking the wrong battle this time.
Nuclear Unicorn
(19,497 posts)avebury
(10,952 posts)Last edited Mon Nov 24, 2014, 09:11 AM - Edit history (1)
to make decisions regarding said property. Ownership is not operated on a democratic basis.
In this instance, the hospital is not dictating that a person cannot smoke. They only take the position that you cannot do it on their property and, like it or not, that is their right. As this is a hospital, that does not appear to be an unreasonable decision. It is a fact that smokers have higher health risks and costs then non-smokers. It is also a fact that the "customers" of hospitals are the patients and, as such, their welfare must trump the workers. Patients have compromised health (or they would not be in the hospital in the first place). They have a right to not be subjected to second hand smoke. Also, due to the nature of the work provided by a hospital, you cannot have a workforce that continually is running outside to have a smoke. It would not bode well for a patient going into cardiac arrest if your nurse is outside puffing away. When patients do code, employees don't have the luxury of taking the elevator but must be able to run up or down the stairway at times to get to the patient.
We are supposed to be living in civilized times where the needs of the many should outweigh the needs of the few. I worked in a hospital in my younger days and there is nothing wrong with this hospital's decision. They want a healthier work force, better environment for the patients and has the added benefit of being good business.
Management might be deemed patriarchal but, if the OP chooses to take them on, this is not the right battle to pick. It is not a battle that would gain him/her a lot of support from the patients or the public.
Nuclear Unicorn
(19,497 posts)tavalon
(27,985 posts)It's part of my job. They screwed up and I'm going to nail them to the wall. It will not stop the eventuality, but it will gum up the works long enough for the nurses effected to figure out what they are going to do. This came out of the blue, on the weekend. A sure sign that they didn't run it by the union.
And isn't anyone noticing that they said that the inside of our cars belong to them as long as we are parked at their facility? That was either a grammatical mistake or an even bigger cognitive mistake.
I'm awfully sorry I mixed in the smoking issue. And it's not necessary that you tell me the evils of smoking. I know them. I was motherless because of them.
Fawke Em
(11,366 posts)Period.
They take random nicotine tests to ensure it.
WinkyDink
(51,311 posts)Fawke Em
(11,366 posts)Not sure of diabetics and big drinkers, but I can say I've seen some very overweight doctors, nurses and orderlies at all of 'em.
WinkyDink
(51,311 posts)ISSUE is NOT smoking per se; it is whether or not any institution can tell a person what they can or cannot do in their personal vehicle if it is parked on said institution's property, WHETHER OR NOT THE ACTIVITY INSIDE THE CAR WOULD BE LEGAL OFF-PROPERTY.
BlueJazz
(25,348 posts)...brands of ice cream that are known to cause heart attacks (High trans-fat) because that costs us ALL higher fees for health insurance. Yeah..right.
tavalon
(27,985 posts)Thank you for noticing. I am not a defender of smokers. I am the defender of personal rights. And a union rep, which makes my choosing to grieve this hardly a choice at all. It's a non-spoken part of the job.
WinkyDink
(51,311 posts)elehhhhna
(32,076 posts)avebury
(10,952 posts)when to pick a battle. This issue is not a good battle to pick with the hospital. Businesses seldom operate by democracy or there would be chaos.
I do own a house. If you show up I have the right to tell you that you cannot smoke on my property - period. The hospital has that same right.
Our Governor issued an Executive Decision in 2012 and made all state property smoke free. Guess what? The sky did not fall in. People still show up for work. We survived.
yeoman6987
(14,449 posts)Holly Lobby either since you said it is up to the employee to make rules....this ought to be interesting.
avebury
(10,952 posts)Once you allow the owners the ability to use their personal beliefs to dictate corporate policy, you remove the veil of protection to the personal assets of the owners (and/or stockholders). Part of the purpose of incorporation is to protect personal assets from the legal consequences of the corporations. Once you remove the veil of protection, the owners are at risk.
For example, say you had a privately owned hospital. Say you have a patient that dies as a result of the gross incompentence of the staff leaving the hospital open to civil suit. It a situation has arisen where the veil of protection has been removed (as it has in effect been removed from the owners of Hobby Lobby) the owners (and/or stockholders) could be made parties to the lawsuit and possibly lose all their assets (depending upon the amount of a potential award).
Sometimes life is all about allowing someone to get something that they think that they want - then driving that double edge sword back at them and decapitating them. It is all about strategy and who plays the game better. Sometimes you just have to play the long game.
In dealing with a patricharcal management system one needs to know how to play the game and pick your battles. The issue of fighting against a smoke free environment under the guise of "You are not going to tell me what I can do in my own car" smacks of short sightedness and cutting off your nose to spite your face. Strategically, it is just a poor battle to fight and will probably cause the OP to give up a lot without gaining anything. Honestly, if I were management it would have the effect of putting the employee on my radar and I have a long memory. I have no patience for stupid moves.
The OP's whole reaction to this management decision smacks on what I would expect to hear from the Republicans and Tea Part not liberals.
Nuclear Unicorn
(19,497 posts)Except you're not the only one. 6.5 billion other people also get to decide what battles they choose to pick. If "because I said it's good for you" is the best someone can come up with for a rationale we are in deep poop.
avebury
(10,952 posts)I am not happy with the Hobby Lobby decision any more then a lot of people. But you have to learn how to take a defeat and work it towards a victory and that may take. That is a page right out of how the Repubicans have operated for years.
What is one of the biggest threats to us? The Koch Brothers. It becomes a matter of using the Hobby Lobby SC decision and work on it to tear down any veil of protection to Stockholders and owners to generate personal liability on the part of stockhoders and owners. Then you start looking for viable court cases to bring against entities like the Koch Brothers companies and start going after them for the purpose of taking them down. If Congress will create campaign reform and politicians become the serfs to those like the Kochs you have to find another way to deal with it.
As I have said, it becomes a matter of using that which entites like Hobby Lobby and the Koch Brothers think is a big win in their corner and finding a way to flip it over to their detriment.
I am a firm believer that there is always a way to turn a situation around with the right strategy. It does not good to moan and groan because that will get you no where. Plotting and planning with a long term game plan has the potential to work but you never will know unless you try.
Nuclear Unicorn
(19,497 posts)Nope. No totalitarian impulses there.
Speaking of tuning a situation around I'm sure people would squall like scalded cats if RWers were talking about imposing their moral impulses on others and then using the law to harass Progressives into bankruptcy.
avebury
(10,952 posts)Do you propose that we just roll over and become nothing more then serfs to the 1%ers and MIC? The game is so rigged against the masses that, if people are not willing to stand up to them, you might has well throw in the towel now because you have already lost.
The SC voted in favor of Citizens United.
http://en.wikipedia.org/wiki/Citizens_United_v._Federal_Election_Commission
People like the Koch Brothers are buying this country, one politician at a time.
Congress is totally dysfunctional and could care less about the masses.
Michigan Court Rules That State Has No Obligation To Provide Children With Education http://www.addictinginfo.org/2014/11/20/michigan-court-rules-that-state-has-no-obligation-to-provide-children-with-education/
Democrats continue to cave to the Republicans under the guise that someone has to be the adult in the room)
Republicans are conducting a war to keep people from voting
http://www.washingtonpost.com/blogs/govbeat/wp/2014/10/28/an-estimated-5-9-million-voting-age-americans-wont-be-able-to-vote-next-tuesday/
http://www.msnbc.com/msnbc/texas-sees-surge-disenfranchised-voters
https://www.aclu.org/blog/tag/voter-id
Texas continues to fight for textbooks that result in poorly educated kids in a dumbed down educational system
http://www.huffingtonpost.com/2014/11/18/texas-history-textbooks_n_6178756.html
http://www.nytimes.com/2010/03/13/education/13texas.html?_r=0
There is a perpetual war on women's reproductive rights.
http://www.politicususa.com/proof-war-women-2
http://thinkprogress.org/health/2014/05/22/3440497/louisiana-war-women/
http://now.org/resource/war-on-womens-reproductive-rights-escalates-in-the-states-in-2013/
We live in a country with the criminal justice system has become a for profit business which demands more and more incarcerations to feed the private prison system
http://www.globalresearch.ca/the-prison-industry-in-the-united-states-big-business-or-a-new-form-of-slavery/8289
https://www.aclu.org/prisoners-rights/private-prisons
http://www.salon.com/2013/09/23/6_shocking_revelations_about_how_private_prisons_make_money_partner/
Militarization of the Police
https://www.aclu.org/blog/tag/militarization-police
https://www.aclu.org/war-comes-home-excessive-militarization-american-policing
http://www.alternet.org/civil-liberties/11-shocking-facts-about-americas-militarized-police-forces
The passage of the Patriot Act and NSA Wire Taps which can be turned against the people. What were once viewed as peaceful protesters now potentially being labeled as terrorists.
Nuclear Unicorn
(19,497 posts)I prefer to burn down the system, all of them, or rather, just walk away from them. There are no benign dictators. Men can barely govern themselves; they have even less moral authority to govern others.
I don't dispute the injustices you catalog. But I do not trust you or anyone else to become the very thing that is the source of the injustice and tell us, "It won't be anything like the last 30,000 years of human society; this time it will be different."
avebury
(10,952 posts)totally protected. There should never be an issue about letting people vote on election day. Corporations should not be granted more rights then people. They should not have the right to collect tax breaks at the same time that they don't even pay taxes. There should be no question about generating campaign finance reform. No person or corporation should be allowed to buy their way to control our government and country. Why on earth should we allow Politicians, the 1%ers, and MIC to continually force us into war situations which only serve to put tax dollars into the coffers of the wealthy and the price of the members of the military. Our military should not exist to be chewed up and then spit out when they can no longer fight in never ending wars. Why should be be forced to fund an over bloated military (that fails to actually adequately take care of our veterans) while letting our infrastructure crumble? And the Patriot Act and NSA warrantless wiretaps that are now being turned on us? They are not about making us safer but in trying to safeguard the oligarchy from the masses.
There is no doubt that the US is in decline and I would not be the least bit surprised if they Oligarchy didn't end up destroying us in their attempts to keep control. At some point the rest of the planet may get fed up with the USA and unite against us.
We are a doomed society and country and I have accepted that fact because the masses will never come together and stand up for their rights.
Nuclear Unicorn
(19,497 posts)what can and cannot be done on their time in their cars under threat of disciplinary action, presumably as severe as loss of employment. And you did it in response to my rejecting one totalitarian for another.
Perhaps you need to reconsider your responses to the problem.
tavalon
(27,985 posts)My employer stated that my car becomes company owned property when I park there. I have a really big problem with that. Throw out the smoking for one minute and cogitate on the usurping of personal property that my hospital appears to think they have the right to. I disagree.
avebury
(10,952 posts)Last edited Mon Nov 24, 2014, 01:33 PM - Edit history (1)
solely on the issue of car ownership and nothing else. I seriously doubt that the actually think of the employee cars as theirs. One tact to take with them is the following: Are they adding into your contract that they will be funding motor vehicle insurance and paying the registration fees on employee cars? Furthermore, if they, in your eyes, are claiming some degree of ownership of employee vehicles, ask the hospital if the means that they are also financially liable for any accidents that their employees should have with said vehicles? Is the hospital also on the hook for any car loans that are currently outstanding on said vehicles. [ I would imagine that employees would love to be relieved of the financial burden of car ownerhip and love this new addition to their benefits package. ]
If you take that approach and you flip it into an added financial exposure on the part of the hospital you might find out that they fix the wording on their notice pretty quickly.
As I have said, it is all a matter of the approach you take and knowing how to play the game better then it.
tavalon
(27,985 posts)avebury
(10,952 posts)argument that the hospital is changing the terms of any contract previously negotiated with the union on behalf on the union members if, the hospital is in fact claiming some degree of ownership in employee vehicles. In addition, one might argue what type of compensation is the hospital willing to offer employees in exchange for some degree of ownership stake in these vehicles.
I don't know if the union does in fact negotiate contracts on behalf of the employees, how far into your current contract you are (if there is a contract) or how good your union negotiators are but this could have the potential to impact any future contract negotiations. Depending upon how the issue is handled it could be a question of whether or not the hospital is in breach of any contract with the union members. I would definitely recommend that you talk to the union officials prior to talking to anybody at the hospital to determine their assessment of the document and its potential impact to their union members. You might be a union rep for your hospital, but it might be in your own personal best interest if you can get a union official to handle the matter.
Ed Suspicious
(8,879 posts)If I were to wear a helmet that I owned, and lest say this helmet filters air and insulates others from the effects of the smoke that I am creating, would I have any right to disregard hospital policy on the issue? I think not. A car on hospital property is analogous to the smoking helmet in this scenario.
jberryhill
(62,444 posts)Your car does not become the property of the hospital when you park there, and they have not said that.
Your right to be present upon, or to place other of your personal property upon, someone else's premises, is subject to whatever conditions the owner of those premises desires to impose as a condition for your being present.
For example, I have a rule that nobody is allowed to enter my house unless they are wearing a red shirt. That's just my rule, and I like it that way. If you are not wearing a red shirt, you may not enter my home. If you enter my home wearing a red shirt, and you change into a black shirt, then you must leave immediately.
The other rule in my home is that if you bring a harmonica into my home, you must not play Yankee Doodle Dandy on your harmonica. If you play Yankee Doodle Dandy on a harmonica in my home, your permission to be in my home is revoked, you have become a trespasser, and you must leave.
My rule does not make your shirt my property, nor does it make your harmonica my property. I am allowed to make rules about what you can do with either your shirt or your harmonica as a condition of being present in my home. Else you must leave.
The hospital does not allow smoking on the premises. It makes no difference whether you are in your car or not in your car. Even if you are not in your car, you are probably standing on your shoes, and the bare soles of your feet are not touching the pavement. It doesn't make your shoes their property either.
The hospital has made a perfectly reasonable rule about conduct that will or will not be permitted on the premises - be it inside their building or in their parking lot. Whether you are inside your car has no bearing on that question. If you do not want to follow the rules of conduct as a condition of your authorization to be in their parking lot, then you may leave the parking lot, and take your car with you.
It is clear that you do not understand the distinction between "real property" - i.e. land and fixtures which are connected to the land - and "personal property" - i.e. things one can own, but which do not have the attributes of real property. Your car is not real property, it is personal property. The owner of real property can impose conditions on what you may or may not do with your personal property while you are on their real property.
tavalon
(27,985 posts)I am going to fuck with this because they fucked up the way they handled it. Anyone in healthcare is aware of the way things are going, smoke free and all.
pnwmom
(108,976 posts)AllyCat
(16,177 posts)To fight them. They do allow e-cigs in patient rooms though. I never checked about cars, but people smoke in their cars all the time.
Exultant Democracy
(6,594 posts)and I am so happy not to have smoking in bars etc anymore, but including people who are vaporizing tobacco with people who are smoking is just stupid.
silverweb
(16,402 posts)[font color="navy" face="Verdana"]It's vaporizing liquid, dose-adjusted, pharmaceutical-grade nicotine mixed with glycerine (for the vapor effect). No tobacco involved, except as the original source from which the nicotine is extracted, well removed from the vape.
The hysteria is absolutely insane and I've read that at least in NYC, the cry has been, "Think about the children!" (seeing adults set a bad example of smoking even e-cigs, since they can't necessarily tell the difference).
Mariana
(14,854 posts)Some people enjoy vaping so much that they continue to do it long after they've kicked the nicotine altogether.
silverweb
(16,402 posts)[font color="navy" face="Verdana"]Right now, I'm using a coffee-flavored mid-strength nicotine liquid when I'm working (at home) and a vanilla-flavored zero-nicotine liquid when I don't feel I need the stimulant/cognitive boost.
It's about the pleasure of "smoking" as much as it's about the nicotine for me. I'm looking forward to trying other flavors, too, because that's a big part of the enjoyment. Just smoking cigarettes was never half as much fun as vaping is.
Logical
(22,457 posts)LittleGirl
(8,282 posts)but I just moved to Europe where everyone smokes OUTSIDE and you can't get away from it. Which is really odd to react this way considering the last 2 of my 33 yrs as a smoker, I only smoked outside so I'm puzzled by my reaction. I hate the smell anymore and people that smoke reek! eww. And so many of them smoke in Europe and a pack goes for about 8 bucks so I don't know how they can afford it. I hate that I've turned into a horrible non-smoker now wanting to get rid of the smells but I heard it pretty common for us former smokers. I know of several corporations that have banned smoking on 'campus' so to speak so I think it's the way of the future. When they outlaw smoking on your home balcony or garage, then we'll definitely have more problems because where are these people going to light up? See, for me it's a circular argument. Good luck.
Arugula Latte
(50,566 posts)out there and even 15 feet away with me walking quickly the smell sickened me. I got in my car and I had a reeking smoke film on my hair and clothes. I had to drive with the windows down for awhile to try to blow it off of me.
Fuck smoking.
silvershadow
(10,336 posts)Quackers
(2,256 posts)What you do inside of your car while on someone else's property can be regulated. It's the same if you decided to make meth while in your car. The car is your property but your car is on someone else's property. The way some people get around this is to go to the sidewalk or cross the road and smoke.
ETA: I thought of a better one. While on hospital property, you are not allowed to carry a concealed weapon or have it in your vehicle, even if you have a permit and our doing it legally.
WillowTree
(5,325 posts)Which is kind of a 'good neighbor' policy. I'm sure that the apartment complex next door doesn't relish mounds of butts piling up on their sidewalks and parking lots from people from our building going there to puff away.
markbeilskyte
(8 posts)I do it always... lol
Scootaloo
(25,699 posts)And are thus prohibited from smoking on that property, even if you lock yourself in your car to do so. Your car is not hospital property but it is on hospital property.
You can - and should - bring it up to the union, but I'm almost certain that they would ultimately take the hospital's position, unless the policy is demonstrably harmful to the workers. If that's not the case, then the strongest rebuke the union will give is pointing out that you can step off hopital property, smoke, then step back on and still be in the clear.
Android3.14
(5,402 posts)Sounds to me like poor wording. The interpretation is that people cannot smoke, even in their cars, if the vehicles are on hospital property. It is not a question of whether the hospital considers the inside of a car hospital property.
silverweb
(16,402 posts)[font color="navy" face="Verdana"]Some people use e-cigs to vape nicotine-containing or nicotine-free liquids that include tobacco, fruit, beverage, and dessert flavors. No smoke, no smell, no ash, no butts, and no fire hazard. There's just flavor, and an odor-free vapor that quickly dissipates.
The only justification for banning e-cigs is that they might look like cigarettes. So what about e-cigs that are obviously not real - like black, gold, or silver ones that show a blue, green, or other LED glow when drawn on (or no glow at all, thanks to obscuring the tip with a piece of electrical tape)?
What's the excuse for banning them now?
Here's a thought: Some company should come out with an e-cig that looks like half of an old-fashioned #2 pencil. The user can always claim to be just chewing on their pencil and thinking. "Vapor? What vapor? You're imagining things!"
Mariana
(14,854 posts)that several times someone has picked it up off a table and tried to write with it. Also, it's very easy to avoid blowing clouds of vapor around.
Banning e-cigs is just fucking stupid.
silverweb
(16,402 posts)[font color="navy" face="Verdana"]I'm using rechargeable Blu at the moment because I'm pretty new at vaping and have been researching what's available. Blu has enough options for now and is a fairly inexpensive way to give vaping a try; just have to order flavor cartridges on line to get full selection and can't refill them.
Since I really do prefer the cigarette-like mini vapes, I've settled on the Joyetech e-Roll in black. Blu is fine for now, but I like the 3-chamber, self-fill design better (and it's much cheaper to use after initial setup costs). The Joyetech will be my after-Christmas gift to myself!
And yes... banning e-cigs is fucking stupid! Considering the harm-reduction aspect of switching from smoking tobacco to vaping should be enough reason all by itself to support and encourage the switch for smokers!
7962
(11,841 posts)Which they are, of course. Even in the rain you see them out there. Youd think they'd realize how stupid it is to work at a hospital and smoke. Smoking has NO good qualities for the body.
ileus
(15,396 posts)they just barely enforce the no smoking on hospital campus part. In fact the hospital has since made 2 spots for employees to smoke, at the edges of the property in the "back" where patients and families don't see them.
avebury
(10,952 posts)that the car is parked on hospital property. In your case, the hospital has designated that smoking is not allowed on their grounds. If employees choose to play the I can do what I want within my property (i.e. car) they might risk losing the right to park on hospital grounds. Even if the hospital does not control employees' cars, they do have the right to fully control of their property, including the parking lot. If employees have to find somewhere else to park they may face another monthly cost, i.e. parking fees.
This hospital has an economic interest in creating a smoke free campus because smokers generally have higher health care costs. If the hospital is providing health care coverage, they want healthier workers and lower premiums because - they are a hospital.
It is ironic if anybody working in a hospital doesn't understand the hospital's decision.
tavalon
(27,985 posts)In full and slowly. And keep your rolly eyes to yourself.
unblock
(52,196 posts)you also can't expose yourself in your car, at least not to public view.
in any event, unless your car is not hermetically sealed, the smoke can affect passers-by, which, in a hospital parking lot, could easily include people who already have difficulty breathing, or may otherwise have an acute reaction to smoke and/or tobacco.
that said, if someone has made it as far as their car, is it really such a big deal to drive onto the street to smoke there?
which brings up the point, perhaps this policy isn't as effective as they might think, given the resulting increase in auto pollution and parking lot accidents.
yeoman6987
(14,449 posts)Anywhere at all. Today you can't smoke anywhere but asthma rates are up....go figure!
gollygee
(22,336 posts)If you were sitting on a bike on their property, or in or on anything else on their property, you would also be on their property. Being in your car doesn't take you off their property.
shallwechat
(13 posts)Its not immature. Start with cigs,....move on to chewing gun and suger drinks.
merrily
(45,251 posts)tavalon
(27,985 posts)ProfessorGAC
(64,995 posts)It's not against the rules to have tobacco products in the car. You just can't use them until you're off site. They don't search cars for the existence of tobacco products here. You just can't use them on company property, anywhere in the world.
The union reps bought into it here. And the policy caused far less angst than i expected it would. Shockingly so, i would say. Barely caused a ripple when it went into effect and i thought it would be far more rocky.
liberal N proud
(60,334 posts)That may what they are referring to, company owned vehicles.
tavalon
(27,985 posts)liberal N proud
(60,334 posts)Our company does that as well as any rentals.
tavalon
(27,985 posts)heaven05
(18,124 posts)for total control of the citizenry/populace?
blackspade
(10,056 posts)If that policy can be enforced what is to stop them from searching a car for other reasons?
Diclotican
(5,095 posts)tavalon
Most, or every public buildings have been smoke-free where I live - for at least a decade or so, and it works rather well - people who smoke accept it - that you do not smoke in public buildings - and either smoke before you go in (on designated areas) or put on a nicotine plaster somewhere discreeter - or some even put on a snus if they like that type of poison...
But if someone smoke inside their own, private cars - I doubt most would have the right to deny them that.. Even though I think it is disgusting - and it also destroy the value of the car.... I have a friend who smoke in his car - it smells like a ashtray in his car
Diclotican
freedom fighter jh
(1,782 posts)that as soon as you open your car door after a smoke, you're spilling smoke all over their property.
Maybe what they're really concerned about is people coming back to work after lunch or break smelling like smoke.
I too am a lifelong nonsmoker who sometimes wonders if nonsmoking has gone overboard. Back in the day I fought hard to keep smoking out of places of work, because I thought exposing oneself to toxins should have to be the price of working. Now I walk through the woods near my house and see signs asking people to keep the woods smoke free, and I wonder if this thing has gone too far.
avebury
(10,952 posts)issue of smoking but the potential of forest fires. Failure of a smoker to properly put out a butt or match could result in a forest fire which could have devestating consequences to the forest, wildlife, and any landowners bordering the forest.
tavalon
(27,985 posts)Just overentitled bellvueites. Got a ton of them.
avebury
(10,952 posts)freedom fighter jh
(1,782 posts)and I have wondered if that isn't the real reason. But the signs say things like "Be considerate of your neighbors and keep the woods smoke free."
avebury
(10,952 posts)kids smoking pot back in the woods?
I don't know how big the woods are in your area but, having watched numerous episode of North Woods Law (I am originally from Maine and I like to watch the locations shown ), they have shown several situations where people have gone on private property to establish pot plants. There are also a big industry of pot being planted in the forests of SE Oklahoma (enough so that you have to be really careful where you go because you could get shot). SE Oklahoma is not a really safe place.
Again having watched NWL, I can understand why some people might not want people on their property. You have inconsiderate ATVers, hunters, potential of pot growers, littering, and so on. Not everyone respects the land that other people own. It does not take much for ATVers to trash somebody's land. There was a woman shot and killed in her own backyard in Maine several years ago, leaving a young set of twins with no mother.
pipi_k
(21,020 posts)Would be my biggest issue.
When I smoked, I didn't realize how much I reeked.
Now I've been smoke-free since 1996 and I can smell the stink from 10 feet away or more. It's disgusting...as much as, or more than, someone who never bathes.
freedom fighter jh
(1,782 posts)I don't find a smoker's scent disgusting at all. Rather, I find it intriguing, hinting of some mysterious other life. This is a confession. I don't think I'm supposed to find anything nice in it. I think it must be an association to some smoker way, way back in my life. My mom smoked until I was 4. Maybe that's it.
Other former smokers tell me they find the smell disgusting.
DamnYankeeInHouston
(1,365 posts)merrily
(45,251 posts)tavalon
(27,985 posts)I don't smoke in my car, but I am still going to refuse to allow them to call my car their property while it's parked in their lot. After all, they are quick to remind us that any break ins are not their problem, so.....
mockmonkey
(2,815 posts)for most of the employers in the state where I live. No smoking on company property even in your own car if it's on company property. I see a lot of smokers out on the curb or parked on the street before the parking lot to get their last puffs in.
WillowTree
(5,325 posts)tavalon
(27,985 posts)the rights of people to have sovereignty within their own cars. That's the lynchpin.
H. Cromwell
(151 posts)bans on work property/school property include parking lots. A glitch in the rule is if a public street or road intersects the property in question. There is no smoking on school property but the street that runs between the school and the parking lot and athletic fields is not legally included in the ban.
Infringing on your rights happens all the time in the work place. ie locker searches etc. not being allowed to smoke in your car while on private property is legal.
tavalon
(27,985 posts)Skinner
(63,645 posts)If the car is on hospital property, then the hospital can ask that any person in the car follow the rules of the hospital. The car, and the person inside the car, are both on hospital property. Thus the hospital can dictate what is permitted in the car while that car is on hospital property.
tavalon
(27,985 posts)I'm seeing that my argument is shaky, but the way the hospital brought this down was skeevy. I don't like skeevy and I'm going to fight it, if only to show that some one has a spine and a willingness to try to stop them from railroading us and sending letters out of the blue telling us that this or that is the new law. I'm really sick of it and I'm done with their game.
jberryhill
(62,444 posts)The hospital campus is real property.
Your car is personal property.
You can only park your car on the hospital campus subject to whatever rules they have for how you may park or use your car on the hospital campus.
The inside of your pants pocket is also your personal property. If they don't want you carrying a gun in there, they have the right to prohibit you from doing so. That does not make your pants the "property" of the hospital, but it does mean that your permission to be on someone else's property is subject to whatever conditions of behavior they impose.
NutmegYankee
(16,199 posts)dsc
(52,155 posts)I know that smokers are told to drive off campus to smoke during planning to be safe. I am presuming that keeping tobacco in the car is OK.
zipplewrath
(16,646 posts)You can't have tobacco or "related products" on campus AT ALL. Not in your car. Not in your purse. You technically can't have a lighter on you. (certain people are exempt for lighting candles on cakes).
They're smart enough not to actually enforce it, I see folks "finishing off" a cigarette all the time in their cars. But it does give them working room if they are looking to discipline/fire someone.
elleng
(130,865 posts)They may have had problems drafting that bit of their rule (or just gone a bit too far.)
Freddie Stubbs
(29,853 posts)The hospital certainly has some rights to regulate what activities take place in vehicles parked on its property.
It is entirely possible that this is something that is against your union's contract. But depending on the union, they may not think that this is a wise battle to pick. Imagine the headlines "Nurses union opposed smoking ban."
WinkyDink
(51,311 posts)Freddie Stubbs
(29,853 posts)Arugula Latte
(50,566 posts)smoking in their car and then seeing patients all day with that sickening reek on them.
WinkyDink
(51,311 posts)Horse with no Name
(33,956 posts)They had patients dragging IV pumps in the rain to go across the street to grocery store parking lot...seems that is a safety issue as well.
WinkyDink
(51,311 posts)Horse with no Name
(33,956 posts)Be happy to give you the address and you can go take a picture of it yourself, since if I took one you most likely would say I photoshopped it. :rolleyes:
WinkyDink
(51,311 posts)Heddi
(18,312 posts)So the hospital itself takes up a city block. Sidewalks are hospital property. Buildings on all 4 corners are hospital buldings, and they and their sidewalks are state property.
Can't smoke on the sidewalk. Had patients, and their IV's and PCA pumps (and their yellow fall bracelets and paper hospital pants) wandering 4 blocks down the street for a smoke where they wouldn't be harassed by security.
Anyone who hasn't seen this hasn't been around a hospital long enough to notice it.
Horse with no Name
(33,956 posts)Heddi
(18,312 posts)People who do not work in hospital settings have no idea what goes on in hospital settings (and no, watching Gray's Anatomy doesn't count). Patients aren't always right, RN's and MD's are always money grubbing 1%'ers, and sometimes crazy shit happens that people are certain NEVER HAPPENS. Especially at public/community hospitals which tend to be very understaffed and overworked. Someone's outside with their PCA and they're smoking on company property? Uh, okay, I have 11 ambulances and a lady having a stroke in the hallway. I'll be sure to corral them in right after I pee for the first time in 10 hours
Horse with no Name
(33,956 posts)and for those that like to think I am lying, this isn't for you.
I had a head injury patient one time who was a young adult and his mother was sitting with him. She didn't tell me she left to go downstairs to get some food. It was a small community hospital, lol. I got a call from security asking if we had a patient who might be running across the lawn nekkid....and my patient was gone. We chased him with a gown, lol. It was quite a spectacle and yes, we have had these conversations before, lol
Heddi
(18,312 posts)All hands on deck--small hospital, like 20 beds. He's getting CPR and tough intubation and chest tube and the whole shebang. The bays in the ER have walls between them but only curtains closing from the RN station. So the curtains are kind of closed but we have 4 code carts outside and xray and ultrasound and every freaking person in the world there for the code.
and I'm on the step-stool (because I'm a shorty and the bed is up to 10 feet off the ground because Andre The GIant is putting a tube down the gullet) doing compressions and i see the curtain pull back a little and I just instinctively turn my head and there's the daughter of this dude 4 bays down who's there for a toenail fracture or some shit and she's got this styrofoam cup in her hand and she's kind of shaking it back and forth, like how you'd do at a bar to indicate you need a refill and there I am doing compressions (Staying Alive bursting in my head) and she's like (total valley girl voice) Um, Ex-Kuse-Me, but, Um, You, like, told my dad you'd, like, get him some water, like, 10 minutes ago.
I said "Uh, kinda busy right now."
She says "Uh, yeah so like, can um anyone else like get his water??
Yes. You can.
They slammed the curtain in her face.
and she's not like 17. She's in her 50's.
Honey, get the fuck out of my ER.
Horse with no Name
(33,956 posts)Same thing happened in our hospital--only on the floor and not in the ER, lol.
SMH, lol
Heddi
(18,312 posts)I'm out of the hospital these days, working in a clinic for low income seniors with chronic health conditions. Few things as challenging as educating someone who is legally blind, partially deaf, functionally illterate and cognitively impaired about the importance of TID blood sugar monitoring. It's nice when I break through, though, and connections are made. This year we tackle blood sugar. Next year, we'll talk about their out of control CHF and how their resting BNP shouldn't hover around 2000......baby steps...
Horse with no Name
(33,956 posts)Gnite!
ctaylors6
(693 posts)branford
(4,462 posts)First, almost everything depends on the nuances of your collective bargaining agreement. State law and regulations concerning smoking on hospital property would also need to be researched to ensure there was nothing applicable to the situation.
Second, you car would not be considered "hospital property." However, that does not necessarily mean the hospital cannot prohibit smoking or possessing related materials in your car while in the hospital lot, and in some limited circumstances, they may even be allowed to search your car.
My first inquiry to you would be on what basis do you park in the hospital lot? Are spaces provided to employees as part of your contract, is you lot only for employees, is parking unmentioned in the contract, do you pay for parking, it the lot public, what rules are posted in the lot for its use, etc.?
Third, unless tobacco smoke is routinely billowing out of your automobile and people complaint, I doubt the hospital would care or take notice if smoking-related paraphernalia were left in an employee's car. Your complaints appear to a solution looking for a problem.
As an actual attorney, however, if I really wanted to strictly implement such a draconian policy, to the extent parking is broadly regulated and controlled by the hospital under the terms of the contract and state law, I would simply and expressly condition parking in the hospital lot upon agreement to the no smoking items in car terms rule, including permission for searches. These rules would apply to any cars using the lot, both visitors and employees. I would have one or more signs with the rule prominently posted in the lot. Such a rule, however, would still likely be subject to collective bargaining.
THE ABOVE DOES NOT CONSTITUTE LEGAL ADVICE!!!!!!
WinkyDink
(51,311 posts)Are they going to take it on the chin if, say, you have cocaine in your car? That it would thus be THEIR crime? Or would your car miraculously become YOURS then? Heh.
Warpy
(111,245 posts)especially for visitors. However, staff need to know that when they show up for work after smoking in their cars, they tend to reek and people, especially fresh post op people, are going to puke on them. I worked with nurses who sprayed their uniforms down with Febreze when they came into work so they didn't get puked on. It worked, too.
I also think they're going to have to clean up butts around exterior corners here and there around the campus. Smokers are addicted and are not going to work efficiently if they're Jonesing, so they might want to remove the restriction on e-cigs, at least, and have an exterior area designated for them.
I hate cigarette smoke, it makes me deathly sick and I'm delighted it has been banned inside the buildings. However, I, too, think since smoking is a legal adult activity, people who smoke still have some rights no matter how much any facility wants to bully them into quitting.
napi21
(45,806 posts)That's the way interpret it. Cars like ambulances, transport vans & cars, etc. I'm sure that's not the way the hospital MEANT it to be read, but if it's read literally, that's what it states.
MadrasT
(7,237 posts)It was a bank.
Heddi
(18,312 posts)the big public hospital in Seattle, so I have a pretty good idea what you're talking about
2) clarification as to whether "in cars" means in company cars or employee cars. Your hospital does have company cars--security vehicles, maintenance vehicles, etc.
3) if employee cars, then they can only enforce employee cars parked in the parking garage.
4) Yes, the union will let this slide. SEIU NW99 let it slide at HMC, SMC, and VM. If you park your car in hospital parking lot, then your car is on company property and you have to abide by the 'no smoking in your car" rule. If you park your car in the street at a meter, you can smoke til you're blue in the face.
I'm not saying this isn't something to get frothy over--I agree that my car is my car. But when you're on company property, you have to follow their rules. Try to get the union to fight it if you want, but they didn't at HMC, SMC, or VM (all the big DT hospitals). Just like you can be off work, off the clock, but if they catch you sitting in someone's car drinking alcohol, you'll be up shit's creek (not driving--just sitting and drinking) because there is a no alcohol consumption while on property rule as well.
Just an old Seattle RN letting you know we've tried to fight this fight. The union will not stand behind you on this. THey did not even consider standing behind us when we tried to fight it.
Rhiannon12866
(205,209 posts)I go to meetings where we park in a medical complex or hospital parking lot and I'll bet that no one realized that it was a problem if people smoked in their cars, just not on the grounds.