The new year saw Hawaii expand its smoking prohibitions to include placing limits on the use of electronic smoking devices (ESDs).  Under legislation enacted last year, "electronic smoking devices" are defined as including "any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, hookah pipe, or hookah pen, and any cartridge or other component of the device or related product, whether or not sold separately."  Haw. Rev. Stat. 328J-1.

 

ESDs produce an aerosol of unidentified substances when used.  To protect individuals from exposure to harmful chemicals found in e-cigarette aerosols, the updated smoking law prohibits the use of ESDs in any place that smoking is already prohibited under state law.  This means that the use of ESDs is now prohibited in all enclosed or partially enclosed places of employment.  If they have not done so already, employers should provide employees with notice of this legal change and update their employee handbooks or related policies to ensure compliance.

 

For more information, see the Hawaii Department of Health's FAQ on the ESD prohibition.