can you be forced to team with a smoker when you are not?

i dont know the law but google smoking in the workplace

 

Would be suprised if there is a law.

 

Carolina Cargo doing something potentially deceitful?

Say it isn't so!!!

 

Where do you live?? You cannot be forced to do anything Driver.....

 

Interesting question. I suppose if you were "allergic to cigarette smoke" you'd have a good case. I'm a little confused. Are you a trainER? I think you may have indicated wrong in the OP. Assuming you're a new trainee and were assigned to a smoking trainer. Tough break. Maybe next time you'll have to be upfront during the interview stage and let them know you will wait indefinitely on a non-smoking trainer/co-driver.

 

As long as the smoker doesn't smoke in the truck, is it an issue? Or is it easier just to request a non-smoker in case the smoker can't go between stops without lighting up?

 

Ontario, Canada has one. Or they did 3 years ago.

http://www.aacb.com/publications/cc/article.asp?id=966

 

I'm assuming--and please correct me if I am wrong--that you are located in South Carolina. Under South Carolina law, private employers are not specifically obligated to provide accommodations to non-smoking employees. Like most other states in the U.S., South Carolina is also an "at-will" state meaning that either party (employer or employee) can end the employment relationship with or without notice, for good cause/no cause. Unless the company's policies specifically offer some kind of protection to non-smoking employees, then unfortunately there isn't much that the non-smoking employee can do when he/she is sent out with another driver who is a smoker.

On the other hand, if you have a documented history of some kind of health issue which is aggravated by exposure to secondhand smoke this would make it a bit different. If the company was aware of you having problems when exposed to smoke and still sent you out with a smoker, then this makes them more liable. If you have any documentation in your file about issues when exposed to smoke, great. If you have witnesses who can vouch for your issues with smoke, great.

A lot of this is of course going to be their word vs. yours unless you can convince any witnesses who were around to speak for you. I'm not trying to make this seem cynical, just trying to be a realist since I have worked both as the union steward and as the HR manager so I know how it goes with these things. I'm shaking my head over here because this could have been avoided if they would have just switched and given you a trainee that did not smoke instead...

I've never personally understood why someone would smoke in a vehicle with a non-smoker. I smoke myself, but I'm well aware of the fact that not everyone appreciates it and some people are seriously allergic to it or will have an asthma attack if I smoke around them. If it's someone I don't know, I am going to ask if they mind...and if they do...then it's time to do the snus instead if it's going to be a very long drive.

 

if you haul hazmat smoking is NOT allowed at all in the truck We are confused are you the trainer or the trainee? I never heard of a trainer that was not assigned a truck. But you can always request not to be put with a smoker but that isnt always gonna happen.