1. No smoking on agency grounds
2. After a period of six months, employees would be blood tested for nicotine in their system
3. If employees tested positive for nicotine, they would have an additional six months to quit, after that six months, if they tested …show more content…
Does the CEO have the legal right to enact a no smoking policy on agency grounds? The short answer to the question is yes and no. Yes, however, since it is a state entity, his directives must be consistent with state laws and practices provided by the state legislature. As long as he followed the proper chain of command and was consistent with normal practices he is well within his legal right to issue this …show more content…
Does issuing a six month test for employee’s nicotine levels constitute an ethical and legal issue? The short answer to this is yes. The directive to provide a blood test for nicotine levels is three fold; one, it is an invasion of ones privacy to require them to provide this type of test when nicotine is legal, two, it is outside the scope of the CEO’s proper rules of conduct, and three, he is using his position of CEO to coerce and threaten them with their jobs if they don’t comply.
3. Can he offer compensation for participating in a cessation program? The short answer is yes. As a CEO he is responsible for the health and welfare of his employees and can offer this type of program as long as he has legislative approval for the funding of the program. However, he cannot use it fire someone if they refuse to participate in the program and test positive for nicotine if they utilized the product off agency grounds.
4. Can the smokers form a group to protest the new policy? The short answer is yes. They are well within their legal rights to unionize or form groups within the organization. Their agreeing with the no smoking on agency grounds was appropriate, and it was in their legal rights to protest against the CEO establishing policies that regulated what they did away from the