Practice Areas

Update on E-Cigarettes (Vaping) in the Workplace

May 2014

By: Anthony J. Caruso, Esq.

In my previous Illinois Client Alert article in September, 2013, I discussed the hot new trend of VAPING which is the use of an electronic cigarette.

Currently, the State of Illinois has no legal ban on the use of e-cigarettes in the workplace and indoors. Legislation is pending in Springfield to control, restrict, or ban the use of e-cigarettes in Illinois. (However, Illinois did pass a law on August 15, 2013, which began effective January 1, 2014, that bans the sale of electronic cigarettes to minors.)

CHICAGO ORDINANCE: On April 29, 2014, pursuant to an ordinance passed by the Chicago City Council in January, 2014, the new law treats e-cigarettes just like many other tobacco products under the Smoke-Free Illinois Act.

What the Chicago E-Cigarette Ban does:

  • Bans use of electronic cigarettes in indoor public places (including all private workplaces) same as Smoke-Free Illinois Act.
  • Bans use of e-cigarettes in restaurants and bars.
  • Bans use of e-cigarette devices within 15 feet of any entrance to public buildings.
  • Restricts how e-cigarettes can be sold - retailers must keep e-cigarettes behind the counter, just like regular cigarettes.

To address the new Chicago ban, the Chicago Department of Health has issued new signage to replace the current "no smoking" signs in the City of Chicago.

It is expected that the State of Illinois will in the near future enact a law similar to the City of Chicago to ban e-cigarettes in public places including private workplaces.

If you have any questions or concerns about this topic or any other questions related to employment, please call attorney Anthony J. Caruso of Wessels Sherman's St. Charles, Illinois office at 9630) 377-1554 or e-mail ancaruso@wesselssherman.com