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Action on Smoking and Health
A National Legal-Action Antismoking Organization Entirely Supported by Tax-Deductible Contributions
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ASH Quoted as MI Company Says Employees Will be Fired if They Smoke Anywhere, Anytime [10/08-3]
Excerpts from: Okemos firm bans all smoking Weyco says employees will be fired if they smoke at work - or at all
By Barbara Wieland
Lansing State Journal [10/08/04]
On Jan. 1, all of Weyco Inc.'s 200 employees will be nonsmokers - or lose
their jobs.
On that day, the Okemos-based insurance benefits administrator will make it a fireable offense to smoke anywhere, anytime - including in the privacy of an employee's own home after business hours.
"You can do whatever you want, but if you're going to work here, you can't be a smoker, like you can't be a drug user," owner Howard Weyers said.
It's a move sure to spark controversy in a state where nearly 26 percent of all adults smoke.
Nonsmokers who support the policy say it will pare health care costs and improve employees' lives.
"I think it's great. The intent of the policy is to help employees become healthier," said Mari Damerow, a benefits manager for Weyco.
Strict anti-smoking policies have been drafted elsewhere, but Weyco is believed to be among the first companies in mid-Michigan to institute such a rule, local experts say. CNN, the cable news network, is among employers that have implemented a similar smoking ban from the workplace to the home.
Indeed, there's no law to prevent Weyco from taking such action, said David Houston, an attorney with law firm Dickinson Wright who helped write Weyco's policy.
"This is the U.S. of A., and you, or an employer, can do whatever you want to do as long as it is not prohibited," he said. "There is no constitutionally protected right to smoke."
Under the policy, employees can be tested to determine if they smoke. The test is sensitive enough to distinguish people exposed to secondhand smoke from those who are smokers. Those who fail the test will be fired.
Weyers says the reason for the policy is his concern about health care costs associated with smoking. Studies show smokers are more prone to lung problems, including emphysema and cancer.
In keeping with his mission, Weyers has helped employees quit smoking by paying for cessation methods. He's also paid an acupuncturist to treat employees who thought acupuncture might help them quit.
Weyco isn't the only company smokers need to worry about these days.
A growing number of employers are prohibiting smoking, said John Banzhaf, executive director of Action on Smoking and Health, an anti-smoking group with 100,000 members nationwide.
"Smoking adds to the cost of health and disability insurance, and that expense is ultimately borne by the employer and fellow employees," he said.
ASH has helped several employers in court when the policies have been challenged, Banzhaf added. The employers have won every time.
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