Special consideration should be given to workers who may be at special risk, such as pregnant women, or those suffering from asthma or other respiratory diseases, or cardiovascular heart or blood vessel diseases including a stroke.
There are many things an employer can do to encourage employees to give up smoking. In terms of workplace health and welfare provision, you may want to look into how much your employer is ensuring that:.
Some employers may take the initiative to help smokers give up, promoting the health and welfare of their employees. Initiatives include:. Vehicles which transport members of the public, or are used for either paid or voluntary work by more than one person should all be smoke free. Vehicles are generally exempt from the ban if they are primarily used for private purposes and not used to transport members of the public.
Guidance from the Scottish Executive suggests that in Scotland all cars are exempt unless used as a private taxi.
The aims of a smoke-free policy should be to protect staff from the harmful effects of second-hand tobacco smoke, as well as making sure that employers, smokers, and non-smokers have a clear understanding of their rights and responsibilities. A smoke-free policy should cover:. The information contained within this article is not a complete or final statement of the law and is based on the laws of England, Wales, Scotland and Northern Ireland. While UNISON has sought to ensure that the information is accurate and up to date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information.
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Grow Your Legal Practice. Meet the Editors. Workplace Smoking Laws. Smoking used to be as accepted in the workplace as drinking coffee, but not any more.
State Laws on Smoking at the Workplace Federal law does not regulate smoking in private workplaces. Other states have a variety of laws that restrict smoking, for example they might: limit smoking to designated areas inside the workplace such as a smoking break room prohibit smoking in all workplaces that are open to members of the public, or prohibit smoking in only certain types of workplaces, such as hospitals and restaurants.
State Laws on Off-Duty Smoking Employers are free to ban all smoking in the workplace, even if state law allows it. State Laws on Vaping In recent years, many people have turned to e-cigarettes and vaping instead of traditional tobacco products. Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. For Employees. Losing Your Job. Your Rights To Fair Wages.
Your Health and Safety. Employers should also ensure that infringements by employees or customers are dealt with under local disciplinary procedures. Environmental Health Officers employed by the Health Service Executive HSE carry out inspections in a variety of workplaces to ensure that the ban is being implemented. In particular, Officers from the HSE oversee that smoke-free measures are implemented in workplaces connected with the food, hospitality and leisure sector as part of their general compliance with health and safety requirements.
You can find more information about tobacco control on the HSE website. If you are found guilty of breaching the ban on smoking in the workplace may be subject to a Class B fine. The owner, manager or person in charge of the workplace is legally responsible for ensuring that the ban on smoking in the workplace is complied with. If you have a complaint about people smoking in a workplace, first bring the issue to the attention of the person in charge, such as the owner or manager of the business.
If you wish to complain about smoking in a common or non-smoking area of an apartment block, you should first contact the management company or residents' association of the apartment block and try to reach an agreeable solution. If you wish to complain about smoking in a common area or non-smoking are of a hotel, you should first make your complaint to the hotel management. If your complaint is not dealt with satisfactorily contact your local Environmental Health Service within the HSE or call the National Tobacco Control Office compliance line: E-cigarettes are not covered under the smoking ban.
Your employer may have a policy on the use of e-cigarettes in the workplace. If in doubt as to the rules in your workplace, you should check with your employer. Contact your local Environmental Health Officer. If you have a question about this topic you can contact the Citizens Information Phone Service on 07 Monday to Friday, 9am to 8pm.
You can also contact your local Citizens Information Centre or Request a call back from an information officer.
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