Vaping in the Workplace
Terri Adams
25/11/2024 • 3 min readWorkplaces are evolving, and so are the rules around smoking and vaping. With no one-size-fits-all answer, it’s up to employers and employees to find a balance between personal habits and workplace harmony. Let’s explore what you need to know to keep things professional, fair, and vapour-friendly.
Understanding the Law on Vaping at Work
The law on vaping at work is not as clear-cut as it is for smoking. While the Health Act 2006 prohibits smoking in enclosed workplaces, e-cigarettes are not included in this ban, as they do not create smoke or burn tobacco. However, this does not mean that employers cannot prohibit vaping in the workplace. In fact, many employers choose to treat e-cigarettes in the same way as tobacco cigarettes and prohibit their use in the workplace. For employers, it is essential to have a clear policy in place to avoid confusion and potential conflicts.
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The bottom line is that the decision to allow or disallow vaping is up to individual employers. Many workplaces take a cautious approach, treating vaping like smoking and restricting it indoors for the sake of professionalism and harmony.
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Too Many Vaping Breaks? Let’s Talk Productivity and Potential Health Risks
We’ve all seen it: Someone popping out for yet another break while the rest of the team keeps working. Vaping and smoking breaks can stir up feelings of unfairness and even disrupt productivity.
Employers are well within their rights to regulate break times, ensuring they’re fair and don’t interrupt workflow.
Employees, on the other hand, should keep their breaks reasonable and avoid pushing boundaries. A little mindfulness goes a long way in keeping a comfortable work environment.
Is Vaping at Work Gross Misconduct?
Vaping at work isn’t usually considered gross misconduct, but there are exceptions. Breaking company policies, vaping in restricted areas, or causing a safety risk (think flammable materials or triggering fire alarms) could land you in hot water.
Repeatedly ignoring warnings or creating workplace friction might also escalate to disciplinary action. The golden rule? Know the rules and stick to them. It’s all about respect — for the policies, the workplace, and your colleagues.
Vaping Indoors in the UK: Employer’s Call
Unlike smoking, which has strict legal regulations, vaping indoors is left to the discretion of employers in the UK. Some companies embrace a more relaxed approach, while others choose to ban vaping indoors to avoid potential health concerns and preserve workplace decorum. The UK Office for Health Improvement and Disparities has stated that vaping is less harmful than smoking, which supports harm reduction as a sensible workplace policy. However, this doesn’t mean every employer is on board with indoor vaping. Always ask before you puff away.
Vaping in Work Vehicles
Vaping in work vehicles is subject to the same rules as smoking. If a work vehicle is used by more than one person, vaping is not allowed. However, if a company car is used by only one person, vaping may be permitted if the employer agrees. Employers should have a clear policy in place regarding vaping in work vehicles to avoid confusion and potential conflicts.
Fines and Penalties for Non-Compliance
While there are no specific fines or penalties for non-compliance with vaping laws, employers can be fined for not displaying ‘no smoking’ signs or for not stopping people from smoking in the workplace. Employers can be fined up to £2,500 for this offence, and up to £1,000 for not displaying ‘no smoking’ signs.
Can You Be Sacked for Vaping at Work?
Dismissal for vaping at work is rare, but not impossible. You could face disciplinary action or even termination if:
- You vape in restricted areas, violating company policies.
- Your vaping creates safety risks or significant disruption.
- You ignore repeated warnings about workplace rules.
In the UK, employment law requires dismissals to be fair and follow proper procedures. Employees should always be given clear warnings and opportunities to improve before drastic measures are taken.
Enjoying a Balanced Workplace
For employers:
- Make your smoking and vaping policies crystal clear to avoid confusion.
- Aim for balance — accommodate vapers while respecting non-vapers.
- Ensure your policies align with local laws and prioritise workplace harmony.
For employees:
- Respect your workplace’s vaping policies. If in doubt, ask!
- Be considerate of colleagues’ preferences and avoid being disruptive.
- Use breaks responsibly to maintain fairness and productivity.
Whether you’re a vaper or not, navigating vaping in the workplace comes down to balance and respect. Employers need clear policies, and employees need to stick to them. When everyone’s on the same page, it’s easy to create a workplace that’s productive, fair, and maybe even a little vapour-friendly.