It the policy were based on health principles, then it certainly would not exempt current employees. Clearly, the hospital doesn't care that much about the health principle, since it will continue to employ smokers with no questions asked.

"The findings demonstrated that manufacturers did not simply remove descriptors, to be in compliance with the law, but introduced new color-coded brand name descriptors which smokers were able to recognize and easily identify the formerly labeled "lights" brands. We did not examine the use of colors themselves, which may be protected by the First Amendment, but rather the use of color terms. The marketing materials examined make explicit the fact that the use of substituted color terms in brand names is similar to the dropped "descriptors, so that consumers will continue to recognize these brands as "lights"."

The CDC's response:

Dr. Farsolinos’s study also measured the safety limits of the E-Juices that contained diacetyl and acetyl propionyl. Using the NIOSH (National Institute for Occupational Safety and Health) guidelines, it was found that both diacetyl and acetyl propionyl were found to have more than double times the NIOSH safety guidelines. It is worth nothing however that both diacetyl and acetyl propionyl are found in regular cigarettes. However, the levels of concentration in regular cigarettes are a 100 times more for diacetyl and ten times more for acetyl propionyl than the E-Juices that were tested. Considering obliterative bronchiolitis is not a known disease among smokers (even the heavy pack a day smokers) we can assume that even at double the NIOSH standards the levels of diacetyl and acetyl propionyl are not fatal. This is just an assumption much more research of the effects of diacetyl and acetyl propionyl are needed before making a clear judgment.

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