![]() 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. As such, employers, managers and anyone else in control of smoke-free premises must not only display notices prohibiting tobacco smoking, they must also take reasonable steps to ensure that their staff, customers and any other visitors do not smoke in buildings or other enclosed or substantially enclosed areas on their premises. Any failure to prevent someone from smoking, or failing to display ‘no smoking’ signs, could again result in a penalty or fine. The 2006 Act also places a legal obligation on anyone who controls or is concerned in the management of smoke-free premises to ensure that no-one smokes on those premises. ![]() Similar prohibitions against smoking in public places apply in both Wales and Scotland. This is an offence for which the smoker can receive a fixed penalty or fine. This means that it is against the law to smoke in designated smoke-free premises. Under the Health Act 2006, smoking is prohibited in any enclosed or substantially enclosed public place located in England, including workplaces. The law on conventional smoking in workplaces in the UK is clear. Where unauthorised vaping is treated as misconduct, for which disciplinary action can be taken against an employee, we also look at how this should be approached in any workplace policy. ![]() The following guide for employers on vaping at work looks at what the law says and whether employers should allow employees to use their e-cigarettes on work premises. ![]() Where does this leave employers and what approach should they take to vaping at work rules? The use of e-cigarettes, or vaping, has increased in popularity over recent years. ![]()
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