Ohio's 'employment at will' laws allow tough stands against employees that smoke

While the American Civil Liberties Union is opposed to nicotine-free hiring policies, Ohio’s “employment at will” laws prevent the organization from doing anything about it, said Mike Brickner, a spokesman for the ACLU in Ohio.

“We have always taken the position that employers should not have the right to regulate outside-employment activities, but Ohio employers have such huge leeway under the law” it’s no use fighting it in court, he said.

Premier Health Partners, the parent of Miami Valley and Good Samaritan Hospitals, has taken the toughest stand against tobacco thus far in the Dayton area. This year, it began assessing an annual $520 surcharge on health care benefits for employees who admit to smoking or chewing tobacco, lighting up cigars, or living in a household where others smoke.

Premier does not test employees for tobacco use.

At Kettering Health Network facilities, including Kettering and Grandview medical centers, employees are not permitted to smoke during breaks, even if they’re off campus, because they’ll return to work smelling of tobacco, said Leslie Grooms, Kettering’s network director of compensation and benefits.

The no-smoking, no-smell policy is for the safety and comfort of their patients, she said. Just the smell of cigarette smoke “could cause a negative reaction in asthma patients” and others with lung conditions, she said. “And, certainly, it’s not something you want around newborns.”

http://www.daytondailynews.com/news/dayton-news/not-hiring-smokers-is-discriminatory-say-groups-560365.html?cxtype=rss_local-news

Statistically speaking smoking results in more health problems and thus, higher costs for the company. Smoking is a behavior, which can be changed although I do understand for some people it is very difficult.

Smoker surcharges are one thing, "fat fees" are another. BMI - the standard so often used - is imperfect because it doesn't consider bone and muscle mass. Some of the programs that offer discounts for health metrics such as cholesterol and blood pressure are running counter to the spirit of HIPAA Privacy guidelines if not the law itself.

There are many causes of being overweight - eating too much (or the wrong things) is only one of them.

And I wonder, these companies that do charge "fat fees" - do they have cafeterias and or vending machines? What do they sell?

A far better approach would be for companies to provide support for healthier lifestyles - paying for programs such as Weight Watchers (I worked for a company that did this for low wage employees), reimbursments for gym memberships or even offering "health living" seminars for employees would improve wellness rather than punishing people who may have other issues contributing to their weight.