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Vaping and the Workplace
Introduction
Under the Health Act 2006, smoking is prohibited in any enclosed or substantially enclosed public place located in England, including workplaces, on public transport and in vehicles used for work. Similar prohibitions against smoking in public places apply in both Wales and Scotland.
This means that it is against the law to smoke in designated smoke-free premises, an offence for which the smoker can receive a fixed penalty fine.
The law on conventional smoking in workplaces in the UK is clear.
However, electronic cigarettes do not fall within the scope of the prohibitions set out under the 2006 Act, as they do not create smoke or burn tobacco. Therefore they fall outside the legal definition of ‘smoking’. This means that they are not covered by the legal ban on smoking in enclosed places, including workplaces. There is also no separate legislation that regulates or prohibits the use of electronic cigarettes at work.
Public Health England has concerns regarding the uptake of e-cigarette usage by young people, the potential for e-cigarettes to renormalise smoking, the safety for users and bystanders, and their effectiveness as quitting aids.
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