Cigarettes in the workplace

Smoking in the workplace

On May 1, 2010, a new law came into force to protect health from the harmful effects of passive smoking. Almost all companies are affected.

Health protection

Employers must protect their employees from health hazards in the workplace. They are obliged to ban smoking in common areas of the company, including shared offices. Smoking areas can still be set up, but subject to a number of conditions.

Employers must not, however, stigmatize smokers. The balance between protecting the health of non-smokers and protecting the personality of smokers is a delicate one.

At-risk individuals

These measures to protect the health of non-smoking employees are sometimes difficult to implement in some companies. This can be the case for terraces and smoking rooms in restaurants, bars and nightclubs.

This is particularly problematic where at-risk workers, such as pregnant or nursing women, are employed. Employers risk incurring liability if they fail to take adequate measures to protect their health.

Smokers' breaks

Employers are obliged to treat all employees equally. When certain employees are regularly absent from work to smoke, the question arises as to whether all employees are entitled to the same length of break. The employer must settle this delicate issue in company regulations.

Electronic cigarette

The electronic cigarette is a relatively recent development. Although they do not contain tobacco, their effects on health have not yet been clearly established. Some studies suggest that certain electronic cigarettes may contain carcinogenic substances.

Employers are obliged to protect the health of their employees. It is imperative that they issue guidelines on the use of electronic cigarettes in the workplace.