Theoretically, when a car is parked on someone's property (a hospital in this case)

[branford]

99. Interesting case, but I believe the concerns are little more than theoretical.

First, almost everything depends on the nuances of your collective bargaining agreement. State law and regulations concerning smoking on hospital property would also need to be researched to ensure there was nothing applicable to the situation.

Second, you car would not be considered "hospital property." However, that does not necessarily mean the hospital cannot prohibit smoking or possessing related materials in your car while in the hospital lot, and in some limited circumstances, they may even be allowed to search your car.

My first inquiry to you would be on what basis do you park in the hospital lot? Are spaces provided to employees as part of your contract, is you lot only for employees, is parking unmentioned in the contract, do you pay for parking, it the lot public, what rules are posted in the lot for its use, etc.?

Third, unless tobacco smoke is routinely billowing out of your automobile and people complaint, I doubt the hospital would care or take notice if smoking-related paraphernalia were left in an employee's car. Your complaints appear to a solution looking for a problem.

As an actual attorney, however, if I really wanted to strictly implement such a draconian policy, to the extent parking is broadly regulated and controlled by the hospital under the terms of the contract and state law, I would simply and expressly condition parking in the hospital lot upon agreement to the no smoking items in car terms rule, including permission for searches. These rules would apply to any cars using the lot, both visitors and employees. I would have one or more signs with the rule prominently posted in the lot. Such a rule, however, would still likely be subject to collective bargaining.

THE ABOVE DOES NOT CONSTITUTE LEGAL ADVICE!!!!!!