# E cigarettes\vapes in food service



## frizbee (Sep 27, 2003)

I can't believe I even have to do research on the subject. I have an employee who insists on hitting the e-cigarette or vape contraption in my server side station. I have insisted this is a health code violation and policy issue however I cannot find any restrictions in my state NC. 
How do you all deal with this new modern issue? 
Thanks


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## brianshaw (Dec 18, 2010)

Tell employee to smoke out back with the others or get fired.


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## allanmcpherson (Apr 5, 2007)

The issue is constantly touching your lips, it doesn't matter if its a cig, ecig, lollipop or whatever. That's just the sanitary issue. There is a professional compartment side as well. Don't put up with this crap.


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## chefwriter (Oct 31, 2012)

Research or no research, I'm with the others. Smoke out with the other smokers or find another job.


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## canele (Apr 7, 2015)

Frizbee said:


> I can't believe I even have to do research on the subject. I have an employee who insists on hitting the e-cigarette or vape contraption in my server side station. I have insisted this is a health code violation and policy issue however I cannot find any restrictions in my state NC.
> How do you all deal with this new modern issue?
> Thanks


Does your restaurant have a no e-cigarette policy? If not... put one in. It would apply to said worker too..

no e-cigarette or vaping allowed in the restaurant.

i am also with everyone else. Smoke out back on your break with the rest of them... or you are fired.


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## cheflayne (Aug 21, 2004)

I would tell them that they could smoke their e-cigarette or vape contraption while they were reading their servsafe certification material and standing in line at the unemployment office  waiting to file their claim.


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## frizbee (Sep 27, 2003)

I appreciate all of your support. Unfortunately I work in a corporate restaurant. Not only do I not have the immediate authority to fire.. I've also got to cite policy or food code violation.. Which is why I was asking. All the research I've done only addresses patrons. The employee is pushing back hard fighting documentation without policy or food code citation. So I have to deal with an employee hitting the contraption in the side station or break room. I couldn't believe I even had to have the conversation "this is not appropriate behavior". On what planet do you really think it's appropriate in a restaurant and it's food production areas?
Ugh. 
Some people are amazingly stupid. 
Frizbee


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## chefwriter (Oct 31, 2012)

If you work for a corporation then let the corporation answer this problem for you. Report the problem to whoever is above you. Call the headquarters. You won't need state or federal guidelines, just corporate ones. If there is a regional corporate manager, call them. If you can go directly to the head office, call them. 

     I would be surprised if the corporate office doesn't have a policy but if they do not, all you need to do is have the whole thing on corporate record to document your efforts. When they come up with a policy, you can show you tried so no one can call you on allowing it. 

     In the event there is no policy and no corporate guidelines, let it go. You have to pick your battles and this one may not be worth the trouble if the employee is otherwise a good employee. If they aren't a good employee, this issue won't matter as they won't last anyway. 

     I would also take into consideration the attitude of the other employees. Are they for or against and if so why? If the smoker is the odd one out, feeling ostracized can be a big attitude adjustment. If the staff is for it, what reasons do they have? 

     I'm curious as to why this employee is pushing back so hard on this issue and what that represents about the overall work atmosphere or their personal attitude.


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## panini (Jul 28, 2001)

Alan hit it on the head. It's a sanitary issue as cigarettes. So there is plenty of documentation to support. If it walks like a cig., and talks like a cig. it must be a cigarette. Just find the documentation that refers to the action of cig. smoking not the product.


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## brianshaw (Dec 18, 2010)

chefwriter said:


> ...
> 
> I'm curious as to why this employee is pushing back so hard on this issue and what that represents about the overall work atmosphere or their personal attitude.


I was wondering the same, but even more so after the clarification post. It sounds to me as if management may be just as much a problem as the defiant employee. Having to play Philadelphia lawyer for an issue like this is ridiculous.

I consider smoking (tobacco or vapor) to be the same kind of issue as eating and cell phone use while working -- appropriate only for break time, in the employee break area, and outside the view of customers.

Friz, if you don't have either management authority or management support you may want to consider if this is the best place to be working. Or go with the flow...


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## dlee (Sep 22, 2000)

As chefwriter said. You need to shoot the issue to Corporate and let them get back to you with an answer. You can also get in touch with your health department. I am sure they would help you. It is also unsanitary to be touching your face and then food. Blowing any kind of Vapor/Smoke from ones mouth over a guest food is totally unsanitary. It sounds like there is much more to this employee. You need to be careful how you deal with the staff member also. If necessary document the Team member for everything and then fire him/her. Sounds like this person likes to skirt the rules... Good Luck. the joys of being the King


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## cheflayne (Aug 21, 2004)

Pretty much agree with @chefwriter and @Dlee This is one of the times that I would enjoy working for a corporation, they are bound to have a policy on it and if not, then tell them that it has the potential to become an issue and one needs to be written to prevent it from becoming one. Also your local health board should be a good ally and source of info in this situation which could then be presented to corporate to help them along with their policy writing procedure. On yeah, and like @Dlee said, document, document, document.


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## canele (Apr 7, 2015)

Frizbee said:


> I appreciate all of your support. Unfortunately I work in a corporate restaurant. Not only do I not have the immediate authority to fire.. I've also got to cite policy or food code violation.. Which is why I was asking. All the research I've done only addresses patrons. The employee is pushing back hard fighting documentation without policy or food code citation. So I have to deal with an employee hitting the contraption in the side station or break room. I couldn't believe I even had to have the conversation "this is not appropriate behavior". On what planet do you really think it's appropriate in a restaurant and it's food production areas?
> Ugh.
> Some people are amazingly stupid.
> Frizbee


aaahh... let me guess. He is a union worker?

As i said above.... what is the restaurant policy. In your case.... corporate policy about smoking/vaping in the office? If it is not allowed... then it not being allowed includes him. Smoking ...i am sure you can argue is anything puffed on rally that is taken into the lungs to deliver nicotine. That would include "vaping"


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## panini (Jul 28, 2001)

I think my argument with anyone, above or below me would be. According to FDA guidelines,I am the food service manager and it is my responsibility

to prevent cross contamination. period. If that person is not hand washing after every puff then he or she is preventing you from doing your job.


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