Smoking policies FAQs

The information given here is for guidance only and based on an interpretation of theRestriction on Smoking (Workplaces) (Jersey) Regulations 2006. 

Smoking shelters 

Since implementation of the Restriction on Smoking (Workplaces) (Jersey) Regulations, on 2nd January 2007, workplace smoking rooms are no longer be permitted. 

Smoking is prohibited in all enclosed public places and enclosed shared workplaces. 

There is no obligation to provide smoking shelters for employees or customers but such shelters may be provided if they are not by definition themselves enclosed public places or workplaces. 

Therefore, smoking shelters must not be structures:- 

1. Which are covered by a roof or ceiling and which have more than 50% of the perimeter made up of one or more walls and similar structures (or either of them). 
2. Which are used as, or as part of, a place of work by persons who are employees. 

In effect any smoking shelter must have at least half of its sides completely open.

Siting of shelters

Ideally a smoking shelter should not communicate directly with an enclosed public place or workplace (e.g. via an open window or open door) as this would effectively make it an extension of that place. Smoke from the shelter should not discharge into a public place or workplace. 

Planning considerations 

The erection of a smoking shelter or change of use of a structure to that of a smoking shelter may require approval to be sought via an application to the Planning Department. 

Litter 

It is advised that ashtrays and waste bins be provided at smoking shelters to minimise litter from smoking. 

Vaping - a modern day burning issue          

The use of E-cigarette/vaping devices has become increasingly popular as the chosen way to give up smoking.  These personal vaporizers are battery operated and produce a vapour rather than smoke, therefore they fall outside of the smoke free legislation we have in place.  Some employers will have updated their smoking policy and included these devices - allowing or disallowing their use in the workplace, however judging from the number of queries JACS has received regarding these products for many employers it falls under the 'not really sure' bracket.  Employers  may wish to have clear rules about the use of E-cigarettes/vaping and with this in mind below is a checklist of things to consider:

Checklist when developing a policy

• Employers who already have a policy in place regarding smoking and/or drugs and alcohol may wish to just add a paragraph to cover e-cigarettes/vaping and communicate this to employees;
• Employers may wish to be supportive of the use of such devices as these are used by some employees as part of their plan to give up smoking;  OR
• Whether to completely ban E-cigarette/vaping devices throughout the workplace, including company vehicles or attending client premises;
• Consider whether employees are to be restricted on the use of an E-cigarette/vaping ie as part of their plan to give up smoking, or whether this would be a permanent arrangement;
• Be aware of the perception that clients/customers may have as some of these products are very similar to look at as real cigarettes;
• Think about other members of staff who do not smoke and are concerned about E-cigarettes/vaping and the lack of available data around potential health risks;
• If employees have access to a designated smoking area, it is worth considering having a similar area for those employees using such devices;
• Is the policy to extend to others attending the workplace ie contractors or clients?
• If allowing employees to use E-cigarettes at their desks would breaks for smoking still be extended to these employees?
• Consider including a statement that would cover social functions;
• A statement about the 're-charging' of such devices;
• Possible consequences of breaking the policy.

 

Mar 2020