Back to Ask the Shaman

Courts and Disputes

Smoking At Work And The Law

Summary

Smoke-Free legislation bans smoking in all enclosed or substantially enclosed public places, workplaces, and work vehicles. This means indoor smoking areas are no longer permitted, and smokers must go outside to smoke. When it comes to smoking at work, employers have a legal obligation to make sure no smoking occurs on the work premises and in certain workplace vehicles. Businesses and workers that don’t comply with these laws may face hefty fines. * Legal Obligations for Smoking at Work * Responsibilities of Employers Regarding Smoking in the Workplace * Enforcement of Smoke-Free Legislation * Development and Implementation of Smoking Policies * Regulation of E-Cigarettes in the Workplace * Fines for Smoking in the Workplace * Smoking in Work Vehicles * Smoking Policies in Residential Care Homes * Exemptions from Workplace Smoking Bans * Requirements for No Smoking Signs * Tips for Implementing a Workplace Smoke-Free Policy * Legal Entitlements to Smoking Breaks The law says employers must protect their employees from harmful substances at work. Secondhand smoke is proven to be harmful to non-smokers. This duty of care is implied by the Health & Safety at Work Act 1974, however.

Key information

  • Legal Obligations for Smoking at Work
  • Responsibilities of Employers Regarding Smoking in the Workplace
  • Enforcement of Smoke-Free Legislation
  • Development and Implementation of Smoking Policies
  • Regulation of E-Cigarettes in the Workplace
  • Fines for Smoking in the Workplace
  • Smoking Policies in Residential Care Homes
  • Exemptions from Workplace Smoking Bans
  • Requirements for No Smoking Signs
  • Tips for Implementing a Workplace Smoke-Free Policy
  • Legal Entitlements to Smoking Breaks
  • Include the international no smoking symbol that is at least 7cm in diameter;

Practical guidance

  • Source: [Smoking At Work And The Law](https://lawhive.co.uk/knowledge-hub/employment-law/smoking-at-work-and-the-law)

Related topics

Courts and DisputesEnforcementEmployment Law

Sources

  • Lawhive — [Smoking At Work And The Law](https://lawhive.co.uk/knowledge-hub/employment-law/smoking-at-work-and-the-law) — `raw/lawhive/employment-law-smoking-at-work-and-the-law.md`

This is signposting information from the Legal Shaman wiki, not legal advice. Always consult a qualified solicitor for your situation.

Smoking At Work And The Law | Ask the Shaman | Legal Shaman