Smoking in the workplace is banned under the Public Health (Tobacco) Acts 2002-2015.
This came into effect to ensure employees around a working environment don’t inhale tobacco smoke, which is harmful and toxic.
But your business may still have members of staff who smoke, so how should you deal with this in a legal and fair way? We explain everything in this guide.
Rules for smoke breaks at work
Smoking is a contentious issue to deal with, in and away from working life.
You should aim to get the balance right between your employees who do, and don’t, smoke cigarettes. Vaping devices aren’t currently covered under the Irish smoking ban so it is a good idea to review your smoking rules and policies to ensure vaping rules are included.
But what you do need to know is your staff members don’t have any entitlement to a smoking break. It’s up to you how to implement the rules for your policy.
Break times during work hours are clearly set out in the Organisation of Work Time Act 1997. But you can allow employees to take their smoking break as part of their normal break, or as well as the likes of their lunch break.
However, keep in mind non-smokers won’t be happy if they lose out on any extra break time smokers have.
Under existing legislation, though, employees aren’t allowed to smoke in an enclosed workplace. That includes:
- Company cars.
- Health premises.
- Education facilities (schools, colleges, universities).
- Cinemas or theatres.
- Licensed premises and clubs.
However, there are still some environments where it’s possible to smoke. These include prisons, psychiatric hospitals, and hospices.
But as an employer, you must look to protect the health of your workforce. As such, you can look to designate certain areas where your staff members can smoke.
It’s your obligation as a business owner is to take reasonable efforts to make your staff aware of the smoking ban.
You should also look to have a smoke-free policy that explains your business’ stance.
Providing areas for smokers
Smoking shelters at work are one popular example. These outdoor areas offer a space for smokers to take a break—although you’re under no obligation to provide such facilities.
However, you may consider it worthwhile to provide them.
If this is the case, you should install your smoking shelters and make it clear to your employees where they are.
Placing “No Smoking” signs around your premises will also alert your workforce about your anti-smoking policy.
You may also, under no obligation, provide information about smoking and its health consequences. Leaflets and other supporting documents could be available on request, should an employee be looking to stop.
Employee Assistance Programmes may also be a useful tool for any employees who would like support with quitting smoking.
Need our help?
If you’re looking for assistance with your smoking policy, or any other HR matters, get in contact for immediate assistance: 0818 923 923.
