Smoking in the workplace—a hot topic that’s been extinguished in most enclosed spaces since 2007. Yet, as an employer, it’s not as simple as “no smoking allowed” signs. There’s a lot to consider, from legal obligations to the comfort of your team.

The Law on Smoking in Workplaces and Vehicles
In the UK, the Health Act 2006 bans smoking in virtually all enclosed workplaces and public spaces. What counts as "enclosed"? A space with a roof and walls enclosing more than 50% of its perimeter. It applies to all workplaces, including voluntary roles, shared work vehicles, and even community spaces when they’re being used for work.
Key Legal Duties for Employers
Display no-smoking signs: It’s not just good practice—it’s a legal requirement. In Wales, these signs must be bilingual.
Stop smoking in smokefree areas: If someone lights up, it’s on you to act. Ignoring it can land you a fine of up to £2,500.
No staff smoking rooms: Employees have to step outside, no exceptions.
And don’t forget—if you’re caught without the proper signage, you could face a fine of up to £1,000. Ouch.
E-Cigarettes in the Workplace and Your Options
Vaping exists in a legal grey area. It’s not covered by smokefree laws, leaving the decision squarely in your hands. Should you allow it? Consider these factors:
Health and Comfort:
While evidence shows vapour is much less harmful than smoke, some people with respiratory issues may find it irritating. Strike a balance.
Workplace Etiquette:
Watching someone vape like a steam engine during a meeting might not scream “professional”. Maybe restrict vaping to designated areas?
Support Smokers to Quit:
Many smokers use e-cigarettes to quit. Creating vaping-friendly policies (without lumping vapers with smokers) could actually support a healthier workforce.
Exemptions to Smokefree Laws and Grey Areas for Employers
Some places, such as private dwellings, are exempt from smokefree laws. However, if work is taking place—such as a care worker visiting a home—employers still have a responsibility to protect their staff from second-hand smoke. To address this proactively, employers can encourage clients to avoid smoking during home visits or ensure spaces are ventilated beforehand. In care homes or similar facilities, designated smoking areas may be allowed, but only if they meet strict conditions to ensure safety and compliance.
Actionable Steps to Improve Workplace Smoking Policies
Implementing effective workplace smoking policies not only ensures compliance with the law but also promotes a healthier and more productive environment for everyone.
Create a Clear Smoking and Vaping Policy
A clear, well-communicated policy ensures everyone knows the rules. Make it flexible but firm. Highlight where smoking and vaping are permitted, if at all, and how the law applies to your specific workplace.
Support Employees Who Want to Quit Smoking
Want to go the extra mile? Provide resources for employees who want to quit smoking. Offer advice, nicotine replacement options, or even time off for cessation programmes. A little support can lead to long-term benefits.
Ensure No-Smoking Signs Are Compliant
Check that your signs meet legal requirements. Make sure they’re visible and bilingual where necessary.
Include Smoking and Vaping in Audits
Regular health and safety audits should include your smoking and vaping policies. Are the rules being followed? Is your policy still effective? Regular reviews keep you compliant and responsive to change.
Get H&S Expert Support for Managing Smoki
We understand that balancing legal obligations and workplace culture isn’t always simple. But getting your smoking policies right can help protect your team and avoid fines. By following these steps, you’ll not only stay on the right side of the law but also promote a healthier, happier work environment.
Need expert support? Whether it’s workplace audits, bespoke training, or crafting a compliant smoking policy, KODOBI is here to guide you. Let’s clear the air—together.
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