FIREFIGHTER TOBACCO USE LAWSUITS

[FireFleitz]

I am searching for information on litigation in the court of law between a Firefighter, Medic, or Police Officer and their employer over the use of Tobacco products on or off duty in which the employee has agreed not to use the products. This can inlude the use of smoking tobacco, smokeless tobacco, and/or nicotine type gum. I just need to know if anyone knows of any lawsuit. Any and all information would be useful. Include the following if you know: City/State, Local jurisdiction, Lawyers, any other names included. Feel free to contact me by email or drop a reply here.

Thank you.



FireFleitz@verizon.net

[DaSharkie]

The Commonwealth of Massachusetts Civil Service Board has had a few guys fight being fired (Police and Firefighters) for being caught smoking. If you were hired after November 1, 1988 you cannot use smoking tobacco, chewing tobacco, snuff, dip, or whatever the heck you want to call it. You sign a document attesting to this and it applies to both career and volunteer / POC / Part-time personnel whether they are appointed through civil service laws or not.

I believe all have lost their cases, and thereby their jobs, for violating this part of their contract of employment.

http://www.mass.gov/csc/recentcivilservicecommission.h tm

I hope that it helps.

[FireFleitz]

I appreciate the reply Dasharkie. I might have left out one little detail though. I need to know of only the cases where the defendant won. Thanks

[FireFleitz]

I appreciate the reply Dasharkie. I might have left out one little detail though. I need to know of only the cases where the defendant won. Thanks

[DaSharkie]

Picky, picky, picky.

[Firefighter1219]

Several years ago, the Great State of Florida had a law against using tobacco. The law was brought on through the State Fire Marshal's Office. The law stated that you could not apply for certification as a firefighter if you had used tobacco within one (1) year of the date of your application.

A lawsuit was brought against the State Fire Marshal's Office (by tobacco users), and the law was dropped. Now the different employing agencies are using the it. For example: Tallahassee Fire Department, Jacksonville Fire Rescue, Orange County Fire Rescue. I don't understand why the agencies can use it if the Fire Marshal dropped it.

This creates problems for me since I have used tobacco this year, but have recently quit.

[Bones42]

I don't understand why the agencies can use it if the Fire Marshal dropped it. I bet the Fire Marshal dropped it as it would have been to hard for them to enforce for the entire state. The individual agencies can enforce/track it on their employees a lot easier. At least, that would be my guess.

[EFD840]

I don't understand why the agencies can use it if the Fire Marshal dropped it.

They can use it because they're the ones paying the employee's salary and insurance. No-tobacco policies are common in areas with presumptive-cause laws or contracts and from the employer's standpoint, they make sense. If I'm going to assume certain illnesses like cancer are a result of your job because you're regularly exposed to higher risk factors then I don't want you adding an additional risk factor in your off time.

[FireFleitz]

Thanks for the information firefighter 1219. I will look into it. I doubt this is exactly what I am looking for but it is a start.
I have heard of numerous firefighters loosing their jobs over this. Which is unfortunate.


I wonder about the credibility of the testing anyway.

Can they differentiate between the use of nicotine gum and straight tobacco use or not.

Can they differentiate between second hand smoke and someone who smokes regularly.

If anyone knows the answers to these questions or where I can find them or who I can talk to I would really appreciate it.


Thanks to all.

[FireFleitz]

I agree with you EFD840. I see how they can say you cannot use it because if you get cancer we have already said we will cover it and we will presume that you got it from your job.

However has it ever been to court and what was the outcome. I have heard of firefighters who have lost. But have any Public Service employees ever won?