An employer has a duty to prevent and suppress hazardous conduct by employees. Employer compliance is mandatory, not optional. In fact, the TTS hazard is so obvious that smokers themselves have long sued due to the hazard . People cannot consent to significant self-harm. It is negligence for the employer to even hire smokers .
Tobacco companies have a long record of being involved in litigation over their practices .
TTS exposure causes Increased Risk of Death . There is also a common law duty to not endanger people , and, when one does, to aid the victim . It threatens a substantial body of the population, not merely a peculiarly susceptible fringe group. The torts of assault and battery, and the crime of assault, can be committed by intentionally causing harmful fluids including gases to strike another with knowledge of the harm to health caused thereby. All that is necessary is that the actor intend to cause the other, directly or indirectly, to come in contact with a foreign substance . . . .