Do you think a police department can tell officers they cannot smoke cigarrets off-duty?

cclover _

That department policy is becoming more used in police departments. Some of the reasons why agencies are doing that are more for "healthier" officers. I know with my agency, there are no tobacco products of any kind allowed in a patrol car, in offices, or dispatch. If we are caught with those items, then it is an automatic dismissal. They have not however, gone to the extreme of firing an officer because he/she smoke's off duty.

CGIV76

No. The department has control during working hours, but not off duty. I'm sure there are a line of lawyers waiting for the first Police Officer to be fired because he/she had nicotine in their system.

Scooter

Police departments are allowed to set whatever policies they wish for their employees as long as it doesn't conflict with federal, state and local statutes.

While many people will find anti-smoking policies unreasonable, there is certainly an argument to make to prohibit police officers from smoking. It looks unprofessional, and prevents officers from completing their official duties when they're on a smoke break.

Polices could be more lax and allow officers to smoke "off-duty," but someone who smokes when off the clock is likely to do so when working and under little or no supervision.

Gonzo

Many City and County entities are refusing to hire smokers. They are easier to insure.
As for the drug test for nicotine...?
I have never heard of that - seems rather extreme.

CAT^

Yes they can. Having a nonsmoker employees is rewarded with lower health insurance costs, and a cleaner image to the public.

dustjunky123

Can they do it? Sure, as long as nobody resists. That's how tyranny starts. Little things. It's a free country, right?

PSDivertom

What a can of worms that will open. How about the officer's Constitutional rights, for the "pursuit of happiness" if it makes them happy to smoke??
The Dept. owns you during shift, but your off time is your off time. They may want to offer incentives to those who quit, that would be great.
It is un-professional looking to grab a butt during shift but I can't answer for Mass.
Watch out State when the first officer gets fired!! It'll be a field day for lawyers scrambling to get to that Officer first. It will be like a new B movie "The invasion of the Ambulance/Police chasers.".

lomodus

Police officers can't smoke in Massachusetts. I was told when I was hired that it's a state-wide thing. Off duty or on.

Brian G

I find that hard to believe, what are your resources on this?

crimsonshedemon

Never heard of rules such as this but many departments have health incentives aka jump for dollars.
If you're in good health, you get X$ each month- for us, it's around 130$.

Marc X

A few companies tried such a tactic a couple years ago to cut costs of health insurance, but it immediately was struck down in court as a company cannot dictate the legal conduct of a person on their own time.

That doesn't stop advocacy groups from continuing to try influencing company policies, but their chances of success are minimal. The Boston PD may be considering such a rule, but I'm very doubtful that it's actually in place. Nicotine is not an illegal drug, and the most a company can do is add a limited surcharge to health care premiums.

Copgirl

No. They can say you can't smoke ON duty, but not OFF duty.

hotandsexy7557

The reason is that they do not want others out of the force to think that it's OK to smoke, etc. and if the police officers get caught with nicotine, that sends the wrong message to the people of that county.

Raul Duke.

We live in a Big Brother Police State!

sydnee919

This is getting more comon in workplaces, as employers are looking for ways to reduce health care costs. Several articles out there on the web for provate employers that can refuse to hire you if you are a smoker, have too high a BMI, etc. As long as they do not descriminate based upon current laws, they can require this. Also many employers now have tiered scales for health insurance depending upon lifestyle choices such as drinking and smoking.

Can't say that I have seen this in the public sector, but it is likely coming. Some occupations like fligt attendants have long had height an weight requirements, including the requirement to maintain a certain BMI or less. I know that many places already require no smoking on their premisis anywhere, including your own car if its in their parking lot.

For life insurance, smokers can get a non-smoking rate if they quit and stay quit for a year, and its verified witha nicotine urine test - so its plausable.

Here in Ohio, a private company is making even its existing employees enter into a smoking cessation program, and if they continue to smoke a year later, they get a $100/month jump in their health care costs. With most private companies, you are an "at-will" employee, and a company rarely has to give you much reason to dismiss you other than "we no longer need your services - goodbye."

I would think that the local FOP (police union) would take issue with this. If it is true, I likely to see this challenged and a long process to get a final resolution.

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