E-cigarettes at the workplace: what applies

E-cigarettes at the workplace: what applies

An employee pulls out an e-cigarette in the office, arguing that it is not smoking, it is only vapour. Or a heated tobacco product, because it does not give off smoke. Both claims are wide of the mark.

What the law says

The protection of non-smokers is governed by Act No. 377/2004 Coll. It no longer deals only with the classic cigarette. E-cigarettes and smokeless tobacco products are defined separately in it and the smoking bans apply to them as well.

Smoking is prohibited, among other places, in healthcare facilities, in schools and school facilities, in official buildings, in department stores, in theatres, cinemas and museums, in publicly accessible premises and in catering establishments, with precisely defined exceptions.

The employer has a duty to create conditions for the protection of non-smokers and to require compliance with the ban.

What it means for a company

If smoking is banned in your indoor premises, the ban applies equally to e-cigarettes and heated tobacco. There is no reason to make an exception for them and no reason to tolerate them at a desk in an open-plan office.

In practice it pays to have it in writing. In an internal rule, in the work rules or in a directive, so that it is clear what is allowed where and where the designated place is. It belongs in the safety information just like the other workplace rules.

Signage too. A No smoking sign in a place where smoking is prohibited is mandatory.

Watch the fire risk

An e-cigarette is a device with a lithium battery. Charging with a non-original charger, a damaged cell or an overheated battery can cause a fire. If you deal with places with an increased risk of fire, stores of flammables or an explosive atmosphere, an e-cigarette has no place there, just like matches.

Fines

For breaching the act on the protection of non-smokers, the public health authority may impose a fine in the thousands of euros, while an offence by an individual is dealt with in the hundreds. During an inspection it is also checked whether the employer has the ban signposted and whether it is actually enforced.

If you want this tidied up

Internal rules, employee information and workplace signage are part of occupational safety and fire protection. Write to us how you have it set up today and we will tell you what to add.