FAQs on Nicotine-Free Hiring Policy

Broadway Bank is a tobacco-free workplace and will institute a nicotine-free hiring policy effective February 1, 2013, as part of the hiring process. All candidates who are considered for a position with Broadway Bank will be screened for nicotine as part of the pre-employment process. Nicotine includes all tobacco products including cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and electronic cigarettes. Those individuals who test positive for nicotine will not be eligible for employment until they re-test negative.

What is the effective date of this new employment policy?
Broadway Bank will begin screening candidates for nicotine effective February 1, 2013.

Why is Broadway Bank doing this?
This initiative supports our strategic plan to create a culture of wellness, which includes improvement of overall health and well-being of its employees and their families.

Is screening for nicotine use legal?
Yes. Users of nicotine are not a legally protected class. In 1987, a Federal Appeals Court ruled that smokers are not a protected class entitled to special legal protections and that courts need no further rationale than the Surgeon General’s warning on cigarette packaging detailing that cigarette smoking is hazardous to a person’s health. Nicotine-free hiring policies are legal in 20 states, including Texas.

How are applicants tested for nicotine?
Applicants will be tested after a conditional job offer has been made. The testing is part of the drug screening conducted at the time of the pre-employment testing. Nicotine test results are on a pass or fail basis.

If an applicant fails the screening for nicotine, can he/she reapply for employment?
An applicant with a confirmed positive nicotine test will not be considered for employment for at least a six month period following the original test date. An exception may occur if the applicant provides documentation of completion of an acceptable smoking cessation program and therein passes a secondary pre-employment nicotine test.

What could cause a positive nicotine result on the screening?
Any substance that contains nicotine will produce a positive result. In addition to cigarettes, this would include chewing tobacco, snuff, electronic cigarettes, nicotine patch, nicotine gum, cigars, etc.

What if I am in the process of quitting and my use of a nicotine patch or nicotine gum has caused a positive result?
Applicants must be nicotine-free at the time of hire. Results are based strictly on the presence of nicotine in the system.

Does second-hand smoke produce a positive result?
When testing for nicotine, testing levels are established that would take into account a possibility of exposure to second-hand smoke.

How long does nicotine stay in your system?
Nicotine can stay in the system up to 30 days or more. The length of time nicotine stays in the system varies depending on how long a person has used nicotine products, how often a person uses nicotine products, type of nicotine products, etc.

Will any tobacco/nicotine cessation resources be provided to the applicants that fail the screening?
Applicants will be referred to the American Lung Association (www.lungusa.org) and the San Antonio Tobacco Prevention & Control Coalition.

If a current employee terminates employment with Broadway Bank and then re-applies, will they be subject to the
new screening?

Yes, any person completing the pre-employment drug screen on or after February 1, 2013, will be tested for nicotine.