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has suspended 39 workers who signed insurance paperwork claiming they don't use tobacco
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Insurance paperwork is different from requirements for working. If the insurance premiums for the entire company were raised because of this then that is different. If the premiums for those workers is raised, then it is up to them to pay it out of pocket. Like I said, I had to be tested for tobacco on the last three jobs I had even though I admitted to being a smoker.
Obviously this company allows smoking/tobacco use since they were caught in the smoking areas of the workplace.