Smoking at Work Policy

Smoking is banned in the UK inside all enclosed workplaces, workplace vehicles and public places.

In England, legislation came about through the Health Act 2006, which effectively bans smoking in all enclosed workplaces and public places, with some narrow exemptions.

The provisions on smoke free workplaces covers tobacco in cigarettes, pipes and cigars and herbal tobacco, which are in a form that could be smoked. These are all prohibited when lit, even if the person is not smoking at the time. This includes being in possession of a lit tobacco product or any other lit substance that can be smoked. For example, walking through the workplace with a lit cigarette would be an offence.

Complying with the law by prohibiting smoking at work not only avoids fines, it also brings multiple benefits, including:

 

• Reduced absenteeism and sick leave
• Improved safety performance – fewer fires
• Lower maintenance costs – litter and cleaning costs
• Lower ventilation and air-conditioning costs
• Increased productivity – less smoke breaks
• Improving morale among non-smokers

 

As such, employers should consider how they deal with smoking in the workplace taking account of legal requirements and the views of employees.

 

Legal requirements for businesses

 

Smoking is not permitted in any workplaces or public places which are ‘enclosed’ or ‘substantially enclosed’. This means premises that have a ceiling or walls at least half the way around, including doors and windows. The regulations also cover work vehicles, although there is an exemption for vehicles that are only ever used by one person with no passengers.

By law, businesses must:

 

• Display ‘no smoking’ signs in all workplaces and vehicles – no smoking signs in Wales must be in both Welsh and English
• Make sure people don’t smoke in enclosed work premises or shared vehicles. Staff smoking rooms aren’t allowed – smokers must go outside.

 

Businesses can be fined up to £2,500 if they don’t stop people smoking in the workplace or up to £1,000 if they don’t display ‘no smoking’ signs.
In Scotland, there is a fixed penalty fine of £200, which can go up to £2,500 if the fine isn’t paid.

Workers can be fined up to £200, or up to £50 in Scotland, for breaking the law.

Importantly, addiction to nicotine is not recognised as a ‘disability’ under the Disability Discrimination Act 1995.

 

Smoking in work vehicles

 

Smoking isn’t allowed in any work vehicle that more than one person uses, eg:

 

• taxis
• buses
• vans
• goods vehicles used by more than one driver
• company cars used by more than one employee

 

A worker can smoke in a company car that only they use if their employer agrees.

It does not cover a worker’s own vehicle unless it is being used for hire or as a work vehicle by more than one person.

 

Penalties for breaking smoking laws

 

Local councils as opposed to the police are in charge of enforcing the Smoke Free law.

Fixed penalties and the maximum fine amounts are as follows:

 

• Smoking at Work or in a Vehicle Classed as a No Smoking Area- fixed penalty £50, reduced to £30 if paid within fifteen days of issue. If prosecuted by court the maximum fine limit is £200.
• Not Adhering to Signage Regulations (owners / managers)- fixed penalty £200, reduced to £150 if paid within fifteen days from issue. Court prosecuted cases hold a maximum fine level of £1000.
• Not Maintaining a Smoke Free Place – (owners / managers)- a maximum penalty of £2500 to the person who manages / controls the area which does not comply with the Smoke Free legislation. A fixed penalty notice is not appropriate in this situation.
• If concerned about someone smoking in a smoke free area contact / inform the staff / owner as soon as possible or call the Smoke Free Compliance Line (number 0800 587 1667). This report may be made anonymously if wished although it may be helpful to be able to call those who complain to clarify details where needed. All complaints / concerns are passed on to the relevant council for follow up.

 

Are vapes and nicotine containing products allowed?

 

Historically, Smoke-Free policies would have covered cigarettes, cigars and pipes. In recent years there has been a steady increase in other nicotine containing which replicate smoking behaviour, such as electronic cigarettes and vaporisers.

However, the law prohibiting smoking inside workplaces does not apply to e-cigarettes or vaping. Employers can therefore decide if they can be used on their premises.

The British Medical Association believes that e-cigarettes should be included in the ban on smoking in public places, as it says there is a lack of rigorous, peer-reviewed studies to support the use of e-cigarettes as a safe and effective nicotine-replacement therapy. The BMA also says these devices may also undermine efforts to prevent or stop smoking by making cigarette use seem normal in public and at work.

It is best for an employer to take affirmative rather than responsive action on e- cigarettes and vaporisers, if your organisation decides to ban them. A memo should be sent to all staff and your No Smoking Policy.

 

Do employers have to allow smoke breaks?

 

Workers are entitled to a rest break of at least 20 minutes for every six hours of work. Everyone is entitled to the same breaks, there is no requirement to give additional breaks or provide special treatment for smokers. Therefore, allowing smokers to smoke during working hours is at the employer’s discretion.

Some employers may allow for the rest break to be broken up into 2 – 10-minute breaks or even 4 – 5 minute breaks for smokers who would like to smoke more often. This is, however, technically ‘bending the rules’ and the employer may face fines and legal action for not providing uninterrupted rest breaks.

 

Do employers have to provide designated smoking areas & smoking shelters?

 

Legally, an employer does not need to provide a designated smoking area. If you do provide a designated area, usually in the form of a smoking shelter, the boundaries should be clearly defined and it must comply with planning requirements and building regulations. You will also need to conduct a risk assessment to ensure the area/shelter can be accessed and used safely. In additional you will need to consult with the local council’s Tobacco Control Officer to find out if any proposed shelter will comply with the Smoking NI Order.

 

Developing a no smoking policy

 

Some people may question the need for a workplace smoking policy when smoking is already banned in most workplaces. Whether smoking is banned or not in your premises, a policy is still recommended as it makes clear what the organisation expects from employees. A good policy will also cover such issues as support for those who may wish to stop smoking.

Developing a policy is a relatively simple process but it is critical to inform and consult with the workforce and to give them adequate notice of when it will be introduced.

Your smoking policy should be clearly promoted and accessible. Job advertisements should include reference to your smoking policy and on appointment all new staff should be given a copy of the smoking policy. During staff induction employees could also be offered support should they wish to give up smoking and, if appropriate, could be referred to smoking cessation services.

 

Do no-smoking policies extend to remote or outreach workers?

 

The Management of Health & Safety at Work Regulations requires employers to make an assessment of all risks to health and safety, to identify any group of employees especially at risk and to take preventative measures. In view of the evidence of the adverse health effects of passive smoking, tobacco smoke should be included in that assessment and action taken if it is judged that passive smoking could pose a risk.

The smoke free legislation provides an exemption for all private residential accommodation, such as an employee’s home. Equally, employers aren’t specifically required to prevent employees who are homeworkers from smoking during working hours. That’s the legal position even if the employee’s home is nominated as their permanent place of work.

However, it won’t look professional if an employee sits through a video conference call chain smoking. For this reason, employers may introduce a rule which says that employees must refrain from smoking or vaping during video calls.

If anyone objects to or challenges your no smoking rule, tell them that all video calls are deemed professional settings and you apply the same rules and standards as those which are applicable to any face-to-face meetings held in your workplace.

You can also ask employees to refrain from smoking if they are visited for work purposes at their home by another employee. They don’t have to comply but if this request is challenged, you could point out that you have a legal duty to protect employees from second-hand smoke.

All employees have the right not to be exposed to second hand smoke and outreach staff (including agency) should be treated in the same way as staff in other areas. Although clients’ homes are private, they are a work setting where employee’s safety should not be compromised.

Employers can take positive action to safeguard outreach workers. A letter/leaflet should be sent out in advance to advise clients and family members not to smoke during home visits. Providing information regarding second-hand smoke and an option to meet at alternative visit sites where smoking would not be permitted.

 

Need Assistance?

 

DavidsonMorris work with employers to ensure compliance with their legal obligations and safeguard workforce wellbeing. For specialist advice, contact us.

 

Smoking at Work Policy FAQs

 

What is a smoking at work policy?

A smoking at work policy is a formal document that outlines the rules and guidelines regarding smoking within a workplace. It specifies where, when, and under what conditions employees may smoke, and helps ensure compliance with UK laws.

 

Are employers legally required to have a smoking policy?

Employers in the UK are legally required to ensure that their premises are smoke-free in accordance with the Health Act 2006. While there is no specific legal requirement to have a written smoking policy, it is strongly recommended to ensure clarity and compliance.

 

What are the rules on smoking at work?

Workers are entitled to a rest break of at least 20 minutes for every six hours of work. Everyone is entitled to the same breaks, there is no requirement to give additional breaks or provide special treatment for smokers. Therefore, allowing smokers to smoke during working hours is at the employers’ discretion.

 

Are you entitled to a smoke break at work?

It is completely up to the employer to implement additional smoking breaks. Employees should ideally receive the same breaks – unless contracts state otherwise. This includes tea breaks, lunch breaks, and smoking breaks.

 

Can employees smoke in designated areas at work?

Employers can provide designated smoking areas outside the workplace, but indoor smoking is prohibited by law. Designated areas must comply with specific regulations to ensure they are properly ventilated and do not pose a health risk to non-smokers.

 

What about vaping? Is it included in the smoking policy?

Vaping (using e-cigarettes) is not covered by the UK’s smoking ban, but employers can choose to include it in their smoking policy. Many organisations treat vaping similarly to smoking and designate specific areas where it can take place.

 

How should employers handle employees who violate the smoking policy?

Employers should first refer to the disciplinary procedures outlined in their smoking policy. It is important to address non-compliance consistently and fairly, which may involve informal warnings or formal disciplinary actions, depending on the severity of the violation.

 

Do employers need to provide smoking breaks?

There is no legal obligation for employers to provide smoking breaks. However, employers must ensure that employees receive the breaks they are legally entitled to under working time regulations, which can be used for smoking if the employee chooses.

 

How often should the smoking policy be reviewed?

It is good practice to review the smoking policy regularly, at least annually or whenever there are changes in relevant legislation. Regular reviews help ensure that the policy remains effective and aligned with current laws and workplace needs.

 

Can an employer ban smoking completely on its premises?

A smoking ban in England, making it illegal to smoke in all enclosed work places in England, came into force on 1 July 2007 as a consequence of the Health Act 2006. Employers have the right to implement a complete ban on smoking across their premises, including outdoor areas. This should be clearly stated in the smoking policy, and employees should be informed of the ban and its rationale.

 

 

Glossary

 

Term	Definition
Smoking at Work Policy	A formal document outlining the rules and guidelines regarding smoking in the workplace.
Health Act 2006	UK legislation that prohibits smoking in all enclosed public spaces and workplaces.
Designated Smoking Area	A specific area, usually outside, where smoking is permitted by the employer.
Vaping	The act of using electronic cigarettes (e-cigarettes) which produce vapour instead of smoke.
E-Cigarette	A device that delivers nicotine through inhaled vapour, often used as an alternative to smoking tobacco.
Non-Compliance	Failure to adhere to the rules and guidelines set out in the smoking at work policy.
Disciplinary Action	Steps taken by an employer to address breaches of workplace policies, which may include warnings or sanctions.
Smoke-Free	An environment where smoking is not allowed, in compliance with legal regulations.
Working Time Regulations	UK regulations that govern the working hours and break times that employees are entitled to.
Smoke-Free Zones	Areas within the workplace where smoking is strictly prohibited, in line with legal requirements.
Penalties for Non-Compliance	Fines or other legal consequences that can be imposed on employers or individuals for violating smoking laws.
Smoking Cessation	The process of quitting smoking, often supported by resources or programmes provided by employers.
UK Legislation	Laws enacted by the UK government that employers must follow, including those related to smoking at work.
Policy Communication	The methods used by employers to inform and educate employees about the smoking policy.