Defending against cigar smoke blown in face

[work68]

What is the name of your state (only U.S. law)?

PA.

I witnessed an altercation between two co workers and now I'm being asked to come to a hearing. Guy A was repeatedly and intentionally blowing cigar smoke directly in the face of Guy B. A does not like B and knows that cigar smoke is very offensive to B and gives B a migraine headache. Guy B asked A to stop about 6-7 times but A kept doing it. B pushed A away, A came back and blew more smoke in his face. B swatted the cigar out of A's fingers while holding the cigar up to his mouth.

They both looked at each other for a few seconds, B turned away, walked about 4-5 steps toward the entrance and A attacked B from the rear, knocking him down and punching him in the back of the head about 10 times before we could break it up. the police were called and A was sent home and suspended. The police did not arrest anyone and said they would send the matter to the magistrate.

Does B have the right to defend himself against Cigar smoke being intentionally and repeatedly blown into his face, especially when the smoker knows (we all know) that it gives B an instant migraine headache that lasts for hours.

A is claiming that B's finger made contact with his lip when B swatted the cigar away and that he had to defend himself (even though he was not in any danger because B was walking away). A is also threatening to sue B for missed wages claiming that it was B's fault that he was suspended.

The only thing my google search found was a few instances where cigar smoke was considered a particulate and in some cases cigar smoke intentionally blown into someones face could be considered battery.

Can anyone help me with this?

Thank you

 

[Ohiogal]

I don't see where A has a case.

 

[Zigner]

I witnessed an altercation between two co workers and now I'm being asked to come to a hearing.

<snip>

Can anyone help me with this?

Sure - tell the truth at the hearing.

 

[rangersabata]

I don't see where A has a case.

Well A had a cigar and B damaged it. Seems like B had no right to do that. Smoke blown into the face doesn't indicate observable injury.

 

[quincy]

What is the name of your state (only U.S. law)?

PA.

I witnessed an altercation between two co workers and now I'm being asked to come to a hearing. Guy A was repeatedly and intentionally blowing cigar smoke directly in the face of Guy B. A does not like B and knows that cigar smoke is very offensive to B and gives B a migraine headache. Guy B asked A to stop about 6-7 times but A kept doing it. B pushed A away, A came back and blew more smoke in his face. B swatted the cigar out of A's fingers while holding the cigar up to his mouth.

They both looked at each other for a few seconds, B turned away, walked about 4-5 steps toward the entrance and A attacked B from the rear, knocking him down and punching him in the back of the head about 10 times before we could break it up. the police were called and A was sent home and suspended. The police did not arrest anyone and said they would send the matter to the magistrate.

Does B have the right to defend himself against Cigar smoke being intentionally and repeatedly blown into his face, especially when the smoker knows (we all know) that it gives B an instant migraine headache that lasts for hours.

A is claiming that B's finger made contact with his lip when B swatted the cigar away and that he had to defend himself (even though he was not in any danger because B was walking away). A is also threatening to sue B for missed wages claiming that it was B's fault that he was suspended.

The only thing my google search found was a few instances where cigar smoke was considered a particulate and in some cases cigar smoke intentionally blown into someones face could be considered battery.

Can anyone help me with this?

Thank you

Pennsylvania bans smoking in the workplace (with very few exceptions). If A was smoking in a designated outdoor smoking area, B's recourse would be to leave the smoking area, not stand there and inhale smoke. If A and B are employed in a wholesale or retail tobacco shop (a workplace where smoking is still allowed), B with his sensitivity to smoke should find a different job. B also appears to have initiated the fight, although the employer would be wise to fire both A and B if they are unable to conduct themselves as mature adults.

Here are links to information on Pennsylvania's Clean Indoor Air Act:
http://www.portal.state.pa.us//portal/server.pt/community/clean_indoor_air/14187
http://www.nolo.com/legal-encyclopedia/workplace-smoking-laws-pennsylvania-46923.html

 

[cbg]

If A and B were my employee's, A would have been fired. B would have been suspended but not fired. He would, however, be counseled to discuss with HR whether or not his sensitivity to smoke was sufficient for an ADA accommodation.

To the poster who suggested that B should not be allowed to damage A's cigar, are you suggesting that it's okay for A to damage B?

 

[commentator]

Once again, junior high school stuff here. As it has been noted, what the heck was B doing standing (and continuing to stand) in a place where A could blow smoke in his face? What circumstance would possibly lead to that situation? Smoking in the break room used to be permissible. If smoke bothered you, you didn't take a break with the smoker! Or you left when the smoker was in there puffing away. You don't go nose to nose, breath in, puff out, breathe in, swat away cigar, (possibly damaging a very valuable thing, of course!) jump on each other's backs, etc. Sheesh! What is this, the neighborhood smoking corner? It doesn't sound like a legitimate workplace to me. As far as "rights" is considered, everybody's got a right to be a jerk, and everybody else has a right to respond. The consequences of this action and results are what may vary wildly. And it would be very much within the employer's rights to fire both these idiots.