How to Manage Smoking in the Workplace

Since its nation-wide ban in 2007, smoking quickly became an unpopular lifestyle choice for many people. However, in recent times, the popular rise in vapes and e-cigarettes have encouraged factors like the NHS Stop Smoking Services and even the reintroduction of the Tobacco and Vapes Bill 2024.

In a workplace setting, employers have a duty to ensure proper smoking regulations are followed. This responsibility includes everything from providing smoking policies to assigning smoke-free areas at work. Without the right management, employers could end up facing fire safety risks, workplace accidents, legal breaches, and even business penalties.

For more advice, contact one of our expert H&S advisors free of charge today. Now, let’s look at how employers can manage smoking in the workplace.  

What counts as smoking?

Smoking is defined as possessing a lit substance that can be inhaled or exhaled. There are all kinds of items that are used to smoke. For example:

• Cigarettes.
• Cigars.
• Pipes (including water pipes).
• Electronic cigarettes (including vapes).

Some of the most common substances that are smoked include tobacco, drugs, and chemical substances.

What is the law on smoking in the workplace?

Under UK law, any enclosed (or substantially enclosed) work area and public place must be kept smoke free. This applies to any area with a ceiling or roof that has walls (including doors and windows) around at least half of its perimeter. Under the new public health legislations, employers are legally required to:

• Display ‘no-smoking signs’ in their work premises and work vehicles.
• Take reasonable steps to ensure staff, customers, and visitors know that smoking isn’t allowed on their work premises or in vehicles.
• Ensure no one smokes on their work premises or vehicles.

The Government has outlined £200 fines for breaching smoking legislation. Employers themselves can face fines of up to £2,500 if they mismanage smoking prohibitions within their business premises. Failing to display adequate ‘no-smoking’ signs can result in an additional £1,000 fine on top of the original.

Are there exceptions to the smoking ban?

The smoking ban applies to all workplaces except where humanitarian grounds override legislation. Like, within residential rooms, care homes, hospices, etc.

Here, it’s vital that employers follow Health & Safety legislation and reduce exposure to second hand smoke in the workplace. In these situations, employee rights state risks should be at a reasonable level. Work areas must be kept well ventilated and the smoke must not travel to other rooms.

Do employers have to provide smoke breaks at work?

No, employers aren’t legally required to provide smoke breaks at work – it’s your choice as a business. You can either allow workers to smoke during their statutory breaks in appropriately assigned smoking areas. Or ask them to smoke outside of work hours.

Some companies allow staff to take an additional break in the day to smoke. However, it’s important to provide this work benefit to non-smoking employees – avoiding potential unfairness or even discrimination claims.

Do employers have to provide a smoking area at work?

No, employers aren’t legally required to provide smoking areas at work. However, it’s important to manage the harmful effects of tobacco smoking onto non-smoking people, as well as minimise fire risks caused by smoking.

The Health and Safety Executive (HSE) states employers should consult their staff (and representatives) about having a smoking policy that suits their workplace. This can include things like smoking breaks, smoking shelters, and support for those who want to stop smoking.

How to manage smoking in your workplace

It doesn’t matter if you’re for or against smoking, employers should manage the habit appropriately. Having an in-depth, suitable smoking policy can help meet your legal and ethical duties as a business. Let’s take a look at how to manage smoking in your workplace:

Decide rules on smoke breaks

The first step employers should take is deciding on smoking breaks. Your smoking policy need to outline the following:

• Can you smoke during work hours (or does it have to be done before and after shifts)?
• Can you use a statutory break to smoke? Or will you be given additional breaks during the day?
• How long does a smoke break last?
• Will non-smoking staff be given an additional break? (This must be the same length of a smoke break and taken away from their work desks).

Assign a designated smoke shelter

Whilst it’s not a lawful obligation, employers should assign a designated smoke shelter for employees to use. Your smoking area should be clearly signposted, easily accessible, and not cause harm to others.

Employers should also provide suitable bins to dispose of cigarette stubs. Not only will this minimise littering, but proper smoking bins will minimise fire risks and hazards.

Outline rules on smoking substances

Employers need to ensure their smoking policy outlines the rules on what kind of substances can be smoked. Tobacco and vapes are usually acceptable; but you should draw the line on drugs and recreational substances.

It’s important to highlight the consequences of smoking prohibited substances around the work environment. Any evidence of possessing such items can lead to serious disciplinary actions.

Follow legislative regulations

All smoke-free legislation must be reiterated within your work premises. This includes all employment documents, like policies and handbooks, which must follow the laws on smoking at work.

It’s important to apply the same legal compliance to staff in work vehicles, as well as those working remotely. For example, those working from home should smoke outside of their house – away from work laptops and other fire-risk areas. They should also ensure they have working smoke alarms in place.

Get expert advice on managing smoking at work with Peninsula

Smoking in the workplace can involve all kinds of issues; from ethical rights to statutory compliance. For employers, it’s important to ensure your duty of care covers health and safety management.

Peninsula offers expert advice on managing smoking at work. We offer 24-hour H&S advice. Book a free chat with one of our H&S consultants. For further information, call 0800 051 3685.

Sources

NHS Stop Smoking Services | NHS

Tobacco and Vapes Bill 2024 | GOV