IndyBeerman
Was a real life Beerman.....
Good logic, unfortunately it won't happen. Burning tobacco, much like burning marijuana, has it's own distinctive odor. It is highly unlikely that an employee exposed, very briefly during their lunch break, to grill smoke from a vendor is going to be confused with an employee who has smoked two cigarettes or so during their lunch break. The odors are entirely different, and it wouldn't being difficult at all for HR and Management personnel to attend a "controlled burn" of burning tobacco so they can identify the odor and residual odors.
You fail to see what I am saying....
You're standing in line at your favorite hot dog vendor that you visit 2 or three times a week because they have awesome dogs, while standing there a person behind you lights up and the wind blows the cigarette smoke past you. You will smell like smoke, there is no if's and's or butt's about it.
I've made deliveries before where I merely walked into the bar to collect a check for 15 seconds and walked out smelling like I had been in a closed car all day with smokers and saturated by the smell.
It's a can of worms that is going to be real messy when it gets opened up.