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There is a question very similar to this but it doesn't answer my question.

I'm an employee. My co-worker is a contractor. I asked him to stop vaping in the office he shares, but he's ignored my plea.

Management knows he vapes, but I think they're unaware it's illegal in the state and likely against policy. And they saw it only when we weren't sharing an office.

So who do I ask to intervene? HR, who'll then contact management? Or do I bother management about it directly? I don't want to go over anyone's head, except this contractor.

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    @SiXandSeven8ths That's a bad idea. NO place of business likes having the Police being called over something that could be easily settled without their involvement. He'll also get the reputation of "office rat" and will likely find himself in the unemployment line soon – Richard Says Reinstate Monica Nov 18 '16 at 21:13
  • Well, @RichardU, those are his options. Whether you think its a bad idea or not is beside the point. – user41891 Nov 18 '16 at 22:25
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Well, the first step is to talk very politely to this person, and ask them to stop. If he doesn't care, however, saying anything along the lines of:

The law in these here parts say you can't do that.

isn't gonna be helpful. That's when you go to your supervisor or manager. Explain that you don't enjoy the smell, that you don't feel it's healthy (plenty of articles about that), and that you think it's also against the law (pull out a print out of said law). Then ask your supervisor or manager to take action.

If nothing happens, or if the supervisor simply asks the guy to stop once, and he continues to do it regardless, then you may wish to go back to your supervisor and tell them that you're going to now involve HR. Then proceed to do so.

You may wish to keep a log of times and duration of this person smoking so that you have some way to point out that this is not just an occasional annoyance, but a common one.

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