smoke in workplace

What is the name of your state? oregon
The state of oregon has a smoke-free workplace law that does not include bars and some other places of employment. The state has a web page listing the dangers of secondhand smoke. If I work in a bar and I send the information about the dangers of secondhand smoke to my employer and later become ill from it, is it possible that they could be held responsible because they knowingly subjected me to harm?

smoky joe said:

What is the name of your state? oregon
The state of oregon has a smoke-free workplace law that does not include bars and some other places of employment. The state has a web page listing the dangers of secondhand smoke. If I work in a bar and I send the information about the dangers of secondhand smoke to my employer and later become ill from it, is it possible that they could be held responsible because they knowingly subjected me to harm?

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About as much as you will be for KNOWINGLY staying in an environment that causes damage.

Or, did you even consider that you are also liable for your own decisions?

I don't mean me particularly, but there are 35,000 people who work in bars and gambling establishments in Oregon. Someone has to work in these jobs. Are you saying that no one has any rights to a smoke in the work place claim because they work in a smoky work place? That seems a little prejudice to me. We don't want to file lawsuits, we want to work in a smoke free environment. I want employers to see that protecting their employees is worth it, even if it means financially, not ethically.

smoky joe said:

I don't mean me particularly, but there are 35,000 people who work in bars and gambling establishments in Oregon. Someone has to work in these jobs. Are you saying that no one has any rights to a smoke in the work place claim because they work in a smoky work place?

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No, I am saying that any such claim will be reduced because they chose to remain there after knowing the dangers. Therefore, 20 years later they can't go before a judge and blame ONLY the bar owner. They need to also sue themselves and each and every patron who ever smoked in the establishment.

That seems a little prejudice to me.

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SO? There's prejudice all around. I happen to think it's prejudice that you can't smoke anywhere in Berkley but you can sit outside your home and drink. And I think it's prejudice that BET doesn't have one white show on-air or that the mascot for the Arkansas Razorbacks is always female.

We don't want to file lawsuits, we want to work in a smoke free environment. I want employers to see that protecting their employees is worth it, even if it means financially, not ethically.

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Then talk to your employer. And if they refuse, go find one who understands and agrees with your policy. YOu may have the right to work in an environment that YOU consider safe, but you don't have the right to tell someone how to run their own business.

Find another job, or deal with it...

smoky joe said:

We don't want to file lawsuits, we want to work in a smoke free environment.

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Then you should find a job that is not in a bar....

panzertanker said:

Then you should find a job that is not in a bar....

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California has smokefree bars.

Wow

Thanks for the opinions. Does anyone know what the law and precedent is for Oregon?

smoky joe said:

Thanks for the opinions. Does anyone know what the law and precedent is for Oregon?

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According to you:
The state of oregon has a smoke-free workplace law that does not include bars and some other places of employment.

As for precedence...For what?
You knowingly are working in a place that you know is a smoky environment. You also know that second hand smoke is bad.

What more do you want?

Why are you looking for a fight? Smokers have rights too. We apparently have the right to smoke in bars in Oregon. Don't mess that up, I get cranky when I can't smoke with my shots of tequila!


(there is always one in every crowd, jees!!!!)

Not looking for a fight or a debate about smokers vs. non smokers rights. Just looking for legal info. Does anyone have any actual law experience that can advise me?

smoky joe said:

Not looking for a fight or a debate about smokers vs. non smokers rights. Just looking for legal info. Does anyone have any actual law experience that can advise me?

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Yes, I have actual law experience and can advise you.

My advice is: Re-read the posts in this thread; therein you will find all your questions answered.

if they will not invest in a air filter system, which might be in their best interest, then find a bar that has one. the bar my son works in has a unit and it works so well that on a crowed night you can hardly smell any smoke (and i am pretty sensitive to it) cleaner air actually attracts customers

Forget about smokers, when are they going to pass a law that you can not go out in public if you have TAKEN A BATH in cologne! Being near some of these people makes me want to throw up! Their cologne is soooo strong I actually have a hard time breathing. I really like to breathe! I am not the only one like this. I know a lot of people who have the same problem.
If you want some scientific evidence think about this: They use animals for testing all the time. Lots of smokers has dogs/cats. These pets are exposed to secondhand smoke. They have no choice obviously. Now how many of these pets have lung cancer? 1%! Total overall cancer? 3%! In researching this, speaking to multiple Veterinarians and having them keep a log, the pets with the MOST health problems comes from NON-SMOKING homes! Now hows that for proof. In fact, the so called proof these fanatics yell about does NOT support their theories! They have twisted facts to their liking. Don't like it: hold your breath!