Welsh Move May be the Answer to Employers Workplace E-Cig Dilemmas

blog-publish-date

29 Jul 2015

blog-read-duration

  Banning e-cigarettes in enclosed spaces will help to clarify an area that has sparked rows in workplaces across the UK say Wolters Kluwer’s HR and Health & Safety experts Croner. Over the last three years, Croner’s Business Support Helpline has seen a sharp increase in calls as e-cigarettes have grown in popularity. Mike Allen, Croner MD at Wolters Kluwer, says: “Smoking in enclosed (or substantially enclosed) public places, including workplaces was banned in July 2007. However, the legislation does not apply to e-cigarettes as they do not appear to fall within the definition of “smoking”. This has presented employers with a dilemma of whether or not e-cigarettes should be used within the workplace. “The fact that ministers in Wales are looking to ban e-cigarettes in enclosed spaces, will massively help employers with this increasingly difficult area, as there are currently no rules for them to follow.” There are a number of issues surrounding e-cigarette use in the workplace:

  • employers are under a statutory duty to protect the health and safety of the workforce
  • the use of e-cigarettes at work may not fit in with the intended professional image of the organisation and its likely promotion of employee wellbeing.
Mr Allen, says: “The majority of workplace smoking policies do not specifically define smoking, and in the absence of any specific definition, a court of law would defer to the Health Act 2006 which define smoking as ‘lit tobacco or anything lit that contains tobacco, or of any other lit substance in a form in which it could be smoked’. At present there is no evidence to indicate that there are any health effects from e-cigarettes, therefore it’s up to the employer to decide whether they are permitted in the workplace and enforce a ban through the organisation’s internal policies. “A workplace smoking policy can normally be adapted very easily to extend the definition of smoking to include the use of e-cigarettes, however as with any other changes to employment policies, care needs to be taken to ensure the change is effective.”

Free to Download Employer Resources

  • Social Media Policy Template

    FREE DOWNLOAD

    Social Media Policy Template

    Read more
  • Sample Mental Health Policy

    FREE DOWNLOAD

    Sample Mental Health Policy

    Read more
  • Disciplinary Letter Template

    FREE DOWNLOAD

    Disciplinary Letter Template

    Read more
  • 10 Tips About Your Workforce and Bank Holidays

    BLOG

    10 Tips About Your Workforce and Bank...

    Do you have employees who work over bank holidays?  Public holidays raise all so...

    Read more
  • Top Five Things to Remember When Recruiting

    BLOG

    Top Five Things to Remember When Recr...

    Although finding the appropriate person for a role is challenging, getting thing...

    Read more
  • EU Ruling Forces UK Bosses to Record Staff Work Hours

    BLOG

    EU Ruling Forces UK Bosses to Record ...

    The European Court of Justice has ruled that bosses must have a system in place ...

    Read more
  • Numark

    CASE STUDY

    Numark

    Numark serve as a virtual head office for independent pharmacies on the high str...

    Read more
  • Gilmour Quinn

    CASE STUDY

    Gilmour Quinn

    Gilmour Quinn Financial Planning Ltd is, as the name suggests, a small financial...

    Read more
  • Wardman Brown

    CASE STUDY

    Wardman Brown

    "I would say it has has a noticeable impact, in particular it has improved the H

    Read more

Ready to focus on what you do best?

Get your free consultation and speak to an expert today.