Is it illegal to smoke in a company vehicle?

In some states it is. Minnesota treats a vehicle used for work as a place of employment while more than one person is present, Ohio lists vehicles in its definition of a place of employment, and Oregon covers vehicles operated in the course of the employer's business that one employee does not operate exclusively. Other states leave it to the employer or a broker contract, so check your own state's smoke-free workplace law.

Can I ban smoking in company vans if smoking is legal off duty?

Usually. A van rule covers the company's own vehicle, not what drivers do on their own time. New York's off-duty law, for example, protects the legal use of consumable products only outside work hours, off the employer's premises and without the employer's equipment or other property. A company van is that property. Keep the rule to the vehicle and work time.

Does a no-smoking rule cover vaping?

It should say so in words. Minnesota's definition of smoking includes using an activated electronic delivery device, Ohio's includes vapor products, and Oregon bans smoking, aerosolizing or vaporizing inhalants, which include nicotine and cannabinoids. Virginia's NEMT vehicle rules name smokeless tobacco, vapor and e-cigarettes. A policy that lists each one leaves no argument about what counts.

Can a driver smoke outside the van while waiting for a rider?

Not under the strictest broker rules. Virginia's rules for drivers and attendants bar smoking in the vehicle, while assisting a member, and in the presence of any member. Georgia's manual bars smoking while in the vehicle, while helping a member in or out, and in the presence of any member. A driver standing at the curb with a rider waiting is in that rider's presence.

What is the fine for smoking in a company vehicle?

It depends on the state. In Minnesota both the person who smokes and the proprietor who knowingly fails to comply commit a petty misdemeanor. Ohio sends a warning letter on a first report and fines on a second or later one. Oregon's health authority can impose a civil penalty of up to $500 per day for each violation of its workplace rule. A broker's own conduct rules apply on top of the law.

Does the ban apply when the van is empty or parked?

Yes, under several rules. Minnesota and Virginia prohibit smoking in NEMT vehicles at all times, and CareOregon's manual says the ban applies even when no member or passenger is in the vehicle. Ohio treats a covered work vehicle as a place of employment without regard to the time of day or whether employees are present. After a violation, Minnesota requires the vehicle to be odor free before it returns to service.

Drivers and vehicles

No smoking or vaping in NEMT vans: state smoke-free laws, broker rules, and oxygen

Updated October 6, 20266 min read

Overview

Some states already treat a work van as a smoke-free workplace: Minnesota, Ohio and Oregon count work vehicles, and all three cover vaping. Brokers go further. Virginia's NEMT rules require vehicles to be smoke and vapor free at all times, and Georgia bans smoking on vehicles during state program service. A written rule that covers cigarettes, vapes and cannabis fills the remaining gaps.

On this page

Several states treat a work van as a smoke-free workplace, and several NEMT programs ban driver smoking in the vehicle outright. The safe policy is a flat ban on smoking and vaping in every company van at all times. The signs a van must carry are covered in the vehicle signage guide, and the rules riders agree to are in the passenger conduct policy. This page covers the law behind the driver rule and how to write it.

Is it illegal to smoke in a company van?

In some states it is, because the smoke-free workplace law counts a work vehicle as a workplace. The wording differs, so the same van can be covered in one state and not another:

Minnesota. A place of employment includes “vehicles used in whole or in part for work purposes” during hours of operation if more than one person is present. The law bars smoking in a place of employment and in public transportation, which includes taxis, vans and other for-hire vehicles. Both the person who smokes and the proprietor who knowingly fails to comply commit a petty misdemeanor.
Ohio. A place of employment is an enclosed area the employer controls and the employees use for work or any other purpose, and the list includes vehicles. It counts “without regard to the time of day or the presence of employees,” so an empty company van is covered. A first report brings a warning letter, and a second or later one brings a fine.
Oregon. A place of employment includes vehicles “operated in the course of an employer’s business” that are “not operated exclusively by one employee.” A van that several drivers share across shifts fits. The health authority may impose a civil penalty of up to $500 a day for each violation.
Illinois. The Smoke Free Illinois Act defines a public place as that portion of any building or vehicle used by and open to the public, and its list includes public conveyances and vehicles owned, leased or operated by the State or a State subcontract. A NEMT van that carries members of the public, or runs a state program, may be covered, so ask the state health department if you are unsure.

Where no such law applies, broker rules do the same job, as the next sections show.

Do these laws cover vaping and cannabis?

Where they count work vans, usually yes. Minnesota defines smoking to include carrying or using an activated electronic delivery device, and lighted or heated products made from marijuana. Ohio’s definition includes electronic smoking devices and vapor products. Oregon bans smoking, aerosolizing or vaporizing an inhalant, and defines an inhalant to include nicotine and cannabinoids.

Brokers write it out in plain terms. Virginia’s rules say vehicles are always tobacco and smoke free, and that the ban includes smokeless tobacco, vapor and e-cigarettes. A policy should name each product the same way. Driver impairment from cannabis is a separate question, covered in the guide to marijuana laws for NEMT drivers.

Do laws on smoking with children in the vehicle apply?

Some do, and they apply to any vehicle, not only a private car. California makes it an infraction, with a fine of up to $100, to smoke a tobacco product in a motor vehicle, moving or at rest, in which there is a minor. Oregon bars smoking or using an inhalant delivery system in a motor vehicle while anyone under 18 is aboard. A first offense is a Class D traffic violation, and an officer may enforce it only after stopping the driver for another violation. These are two examples, so look up your own state’s law before you rely on either. A flat ban in the van covers the child riders you carry and takes the question away.

What do brokers and state programs say about driver smoking?

NEMT programs write their own rules, and several name drivers directly:

Virginia. The Department of Medical Assistance Services requires fee-for-service NEMT vehicles to be tobacco and smoke free at all times, and says drivers and attendants shall not smoke or use a tobacco delivering device “while in the vehicle, while assisting a member, or in the presence of any member.” MTM Health’s Virginia handbook lists “no smoking/vaping” under driver conduct.
Georgia. The state’s NEMT manual bars drivers and attendants from smoking, eating or drinking while in the vehicle, while helping a member in or out, or in the presence of any member. Its separate ban on smoking on vehicles during state program service applies to passengers, attendants and all service providers, so the rider side sits in the passenger conduct policy.
Minnesota. Special transportation service rules prohibit smoking and vaping in vehicles at all times. After a violation, the provider must clean the vehicle thoroughly so that it is odor free before putting it back in service.
Oregon. CareOregon’s provider manual lists, among its vehicle condition standards, that smoking, aerosolizing or vaporizing inhalants is prohibited at all times, “including times when no member or passenger is in the vehicle.” The manual attributes the standard to OAR 410-141-3925.
Texas. The Medical Transportation Program’s vehicle standard requires regional brokers and managed transportation organizations to make sure each vehicle carries a sign reading “No Smoking, Eating or Drinking.”

Notice the phrase “in the presence of any member.” It means a driver on a cigarette break at the curb, with a rider waiting nearby, can break the rule without touching the van. Write the same words into your policy.

Smoke smell and rider complaints

A smoke smell can stay in a van after the smoking stops, and the programs treat the smell as part of the problem. CareOregon’s manual lists scents from cigarettes among the products some members are sensitive to, next to cologne, lotions and air fresheners, and says brokerages may adopt fragrance-free policies. Minnesota goes further: after a violation, the provider must have the vehicle cleaned until it is odor free before it returns to service.

Take a van that smells of smoke off the board until it is clean. The odor removal guide covers how to clean it, and the vehicle cleaning checklist gives the daily routine.

Smoking around riders on oxygen

Oxygen turns a lit cigarette into a fire hazard for everyone aboard. The U.S. Fire Administration warns that a nearby flame or spark can make medical oxygen explode, and that a supply switched off can still catch fire. MedlinePlus advises that no one should smoke in a room where a person is using oxygen. The oxygen policy template covers cylinders, concentrators and the no-smoking rule for riders.

Writing and enforcing the rule

A driver smoking rule is simple to write and easy to enforce when it names the vehicle, the products and the moment:

Ban smoking, vaping, smokeless tobacco and cannabis in every company vehicle at all times, with or without a rider aboard.
Add the broker’s phrase: no smoking or vaping while assisting a member or in the presence of any member.
Post the sign the program requires in every van, and put the rule in the driver handbook.
Say what happens after a violation: the van comes off service until it has been cleaned and the smell is gone.
Keep the rule to the vehicle and work time. Some states protect lawful smoking off duty, and New York’s law, for example, does not reach activity that uses the employer’s equipment or property, which a company van is. The moonlighting policy guide covers the state laws on off-duty conduct.
Have each driver sign the rule, and file the signature with the driver’s record.

Getting the rule to every driver

HealthRide’s team chat lets you send announcements to your drivers and see read receipts, so a new smoking and vaping rule reaches the whole team in one message, and you can see who has opened it. The team chat page shows how announcements work.

Frequently asked questions

Is it illegal to smoke in a company vehicle?: In some states it is. Minnesota treats a vehicle used for work as a place of employment while more than one person is present, Ohio lists vehicles in its definition of a place of employment, and Oregon covers vehicles operated in the course of the employer's business that one employee does not operate exclusively. Other states leave it to the employer or a broker contract, so check your own state's smoke-free workplace law.
Can I ban smoking in company vans if smoking is legal off duty?: Usually. A van rule covers the company's own vehicle, not what drivers do on their own time. New York's off-duty law, for example, protects the legal use of consumable products only outside work hours, off the employer's premises and without the employer's equipment or other property. A company van is that property. Keep the rule to the vehicle and work time.
Does a no-smoking rule cover vaping?: It should say so in words. Minnesota's definition of smoking includes using an activated electronic delivery device, Ohio's includes vapor products, and Oregon bans smoking, aerosolizing or vaporizing inhalants, which include nicotine and cannabinoids. Virginia's NEMT vehicle rules name smokeless tobacco, vapor and e-cigarettes. A policy that lists each one leaves no argument about what counts.
Can a driver smoke outside the van while waiting for a rider?: Not under the strictest broker rules. Virginia's rules for drivers and attendants bar smoking in the vehicle, while assisting a member, and in the presence of any member. Georgia's manual bars smoking while in the vehicle, while helping a member in or out, and in the presence of any member. A driver standing at the curb with a rider waiting is in that rider's presence.
What is the fine for smoking in a company vehicle?: It depends on the state. In Minnesota both the person who smokes and the proprietor who knowingly fails to comply commit a petty misdemeanor. Ohio sends a warning letter on a first report and fines on a second or later one. Oregon's health authority can impose a civil penalty of up to $500 per day for each violation of its workplace rule. A broker's own conduct rules apply on top of the law.
Does the ban apply when the van is empty or parked?: Yes, under several rules. Minnesota and Virginia prohibit smoking in NEMT vehicles at all times, and CareOregon's manual says the ban applies even when no member or passenger is in the vehicle. Ohio treats a covered work vehicle as a place of employment without regard to the time of day or whether employees are present. After a violation, Minnesota requires the vehicle to be odor free before it returns to service.
Why does smoking near oxygen matter in a van?: Oxygen makes a fire burn faster. The U.S. Fire Administration warns that a nearby flame or spark can make medical oxygen explode, and that a supply switched off can still catch fire. MedlinePlus advises that no one should smoke in a room where oxygen is in use. A van is a small, closed room.