As a relatively new but rapidly growing phenomenon, the rise of the electronic cigarette has left many employers scratching their head. But what does the law say regarding this, and what should the stance be on e-cigarettes in the workplace?
Current estimates by Action on Smoking and Health indicate that there are now 1.3 million people in the UK who use e-cigarettes. These battery powered devices generally contain no tobacco, but convert nicotine into a vapour (which can be mixed with other chemicals or flavourings) which is then inhaled.
There is a general consensus that the legislation introduced under the Health Act 2006 to ban smoking in enclosed (or substantially enclosed) workplaces, is unlikely to apply to the new battery powered devices; it is this absence of legal clarity, coupled with a lack of conclusive research into potential health effects, which has led to confusion amongst employers.
The use of e-cigarettes in the workplace is not specifically prohibited and employers are not required to ban them, however, neither do they have to agree to their use. Employers must decide on the policy that is appropriate for their organisation and ensure that it is fairly implemented; indeed, the British Medical Association is supportive of employers who choose to prohibit the use of e-cigarettes.
When setting a policy, employers should be aware that users of e-cigarettes may expect to be supported in their efforts to stop using conventional cigarettes. This has to be balanced with a “duty of care” which employers have concerning the health and safety of their staff, and whether they want to project smoking as normal behaviour. Other employees, particularly expectant mothers, may be concerned about their use or see e-cigarettes (and their vapour) as a distraction. There may also be fire safety concerns regarding the charging of e-cigarettes, which can sometimes involve the use of USB ports (which could breach IT policies).
Where businesses decide to prevent or restrict the use of e-cigarettes, they should –
- Introduce (or amend existing) drug and alcohol policies to clarify the approach which is being adopted, for example, a ban on the use of e-cigarettes in the workplace, on client premises and in company vehicles;
- Clarify the application of the policy to non-employees eg. contractors;
- Explain the circumstances where the use of e-cigarettes may be acceptable (eg. social events);
- Explain that disciplinary action may be the result of non-compliance;
- Decide if an area needs to be designated specifically for the use of e-cigarettes. Employers should not direct users of e-cigarettes to designated smoking areas.
- Provide information and support to staff who wish to give up smoking.
Devised by Santia’s occupational health team, Choices for Wellbeing takes a single issue each month and provides occupational health professionals with resources and support to assist them in communicating the importance and benefits of staff looking after their own health and wellbeing.
For more information on our Choices for Wellbeing calendar, contact us on 0845 5040 402 or complete the contact form to receive your free digital copy each month.