Electronic Cigarettes in the Workplace

Employees’ vaping or Employers’ venting?

During the 1990’s, smoking in the workplace was largely discouraged by employers. In 2004, it was formally banned with the introduction of the Public Health (Tobacco) Act 2002 (the “2002 Act”).

An increasing numbers of smokers are now choosing to use nicotine containing products (NCPs) or electronic cigarettes as an alternative to smoking. In the UK, statistics for 2013 reveal that 11% of smokers are now using electronic cigarettes instead of the traditional cigarette.

As the 2002 Act does not prohibit the use of electronic cigarettes in the workplace or other enclosed places, employers may wish to consider widening the scope of their anti-smoking policies to make it clear that employees are not permitted to smoke electronic cigarettes at their desks or otherwise in the workplace. When reviewing any such policy, here are some top tips for an employer to consider:

The Designated Smoking Area

Most NCP users consider themselves as non-smokers and may not necessarily wish to be limited to using NCPs in a designated smoking area. An employer should designate a separate area for electronic cigarette users that is situated well away from the designated smoking area. Otherwise, an employee may complain that the employer has failed to provide them with a smoke free environment.

The Electronic Cigarette users break time

Employers may wish to consider extending any provision in the anti-smoking policy relating to smoking breaks to employees who use electronic cigarettes.

Support for employees using the Electronic Cigarette

If an anti-smoking policy provides for employee support, employers may wish to extend the same support to electronic cigarette users.

Client interactions and public office spaces

If employees interact with clients or the public, employers should specifically outline in the anti-smoking policy whether electronic cigarettes can be used in the presence of the public or clients. The policy should specify that any breach of the policy could result in disciplinary sanctions being imposed.

3^rd party contractors or agency workers:

Any updated anti-smoking policy in relation to the use of electronic cigarettes should be extended to include contractors and agency workers.

Aside from the above considerations, employers may instead decide to take a lighter approach by consulting with employees who use electronic cigarettes to agree a set of guidelines for the use of electronic cigarettes in the workplace themselves or by conducting a trial with feedback at the end of the trial.