Smoking policies

What is the legal position?

How can employer offer to help employees who want to give up?

Smoking Shelters

The information given here is for guidance only and based on an interpretation of the Restriction 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.

Further advice

If you would like specific advice regarding a planned smoking shelter please contact the Health Protection Department, telephone 443712.