Companies looking for ways to cut health costs are targeting behavior, on the job and off
By ILAN BRAT
THE WALL STREET JOURNAL
Scotts Miracle-Gro Co. is taking its campaign to stamp out smoking among its workers to an unusual length: It's threatening to fire smokers beginning next fall.
The threat represents the latest attempt by an employer to try to reduce health care costs by targeting smokers. In January, four employees at Weyco Inc., a small medical-benefits administrator in Okemos, Mich., lost their jobs after they refused to be tested for tobacco use. Scotts, which has 5,300 U.S. workers, is one of the largest companies to put an outright ban on smoking even off the job.
With medical expenses rising, corporations are increasingly focusing on the employees who they believe account for the majority of health care costs. Some companies have tried to lower the number of smokers in their work force by offering employees money and counseling to quit smoking. In April, Humana Inc., a Louisville, Ky., health insurer, asked its employees whether they had used tobacco in the previous 12 months. Those who said they hadn't got a $5 bonus in their paychecks each pay period. General Mills imposes a $20-a-month surcharge on the health benefits of smokers.
Weyco announced a tobacco-free policy in September 2003. It used a device similar to a breathalyzer to test for tobacco use. In January, four of its 190 employees chose not to take the test and were forced to leave.
Scotts offers to pay for smoking-cessation programs and products. But the October ultimatum "is way over the top by today's standards," said Helen Darling, president of the National Business Group on Health, a coalition of major corporations. "Most employers are still in the mode of 'You've got to have positive incentives.'"
Firing workers who won't stop smoking is illegal in the 30 states that have laws protecting smokers, according to the National Workrights Institute, a nonprofit organization that focuses on human rights in the workplace. But elsewhere, unless workers fall in one of a few protected classifications defined by state and federal laws, employers have more leeway.
Some lawyers said Scotts could be vulnerable to disability challenges if it fires people who smoke. "Once you start regulating outside conduct, the question is where do you stop?" said Marvin Gittler, an employment-law specialist and managing partner with Asher, Gittler, Greenfield & D'Alba in Chicago.
Smokers who are "really trying" to quit, even after the deadline, won't have to worry, said Jim Hagedorn, Scotts' chief executive. "If you work with us, and we know you're working with us, I don't think you're going to end up getting fired," he said.
Still, Scotts stresses that it expects employees to make a good-faith effort to improve their health. Scotts estimates that about 30 percent of its workers smoke.
The Marysville, Ohio, company said that in October it will begin randomly testing about 20 percent of its work force nationwide where it is legal to do so. (Ohio, like Texas, is among the states that don't have specific smoker-protection laws.) The company says it hasn't worked out the details of how to test employees. Workers found to still be smoking or using other tobacco products habitually could be fired, Scotts says, if they work in states where such termination is legal. In states that have smoker-protection laws, employees who are on the company's medical plan could see their health care premiums become "substantially higher," although details aren't final, the company adds. The tobacco initiative is part of a broad wellness program that includes a $5 million fitness gym and health clinic that opened last month near the company's headquarters. Employees on the company's medical plan will have free access at the clinic to a physician, nurse practitioners, diet and fitness experts, and a pharmacy with generic drugs.
In return, every year employees will face a strict requirement: Take a health assessment through a program affiliated with medical-information Web site WebMD Health Corp. -- or pay $40 extra a month in health care costs. The health assessment starts with a form to be filled out online. Then, a "health coach" contacts the employee and arranges a treatment regimen for any health issues.
CARROTS AND STICKS
Ways employers are trying to get their workers to quit smoking:
Bonuses for not smoking.
A $20-a-month surcharge on the health benefits for smokers.
Free smoking-cessation products.
Free counseling.
Firing employees who test positive for tobacco use.
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