Smoking
Guidelines
Public Health (Tobacco) Acts
2002 and 2004
Section 47 – Smoking Prohibitions
Guidance for Employers and Managers
Overview
Office of Tobacco Control Guidance for Employers and Managers
Office of Tobacco Control Guidance (final draft) 3
Public Health Tobacco Acts 2002 and 2004
Section 47 – Smoking Prohibitions
This publication provides employers/managers with guidance on how they may endeavour to comply
with their obligations arising from Section 47 of the Public Health (Tobacco) Act, 2002 as amended,
which prohibits smoking in enclosed workplaces. For further information concerning the application
of the law employers/managers should contact the enforcement agencies i.e. the health boards
(environmental health service) and the Office of
Tobacco Control.
…..
3. Scope
Employers and managers should make all reasonable efforts to ensure that their staff,
customers and visitors are aware of the prohibition on smoking in order to facilitate
compliance with the law. Employers and managers should make all reasonable efforts to ensure that employees,
customers and other visitors to their premises (e.g. sub-contractors) do not smoke in
contravention of the law.
Employers and managers who are made aware of a person smoking in contravention of the law
should make all reasonable efforts to ensure that the contravention ceases and is not repeated.
The recommended minimum reasonable efforts required are:
a). Developing and implementing a smoke-free policy which ensures adequate
communication by employers, managers and those present in the workplace; and ensures
that infringements by employees, customers, etc. are dealt with under local disciplinary
procedures or otherwise as set out in more detail over-leaf (see section 5).
b). Displaying “No Smoking” signs to alert staff, customers and visitors of the workplace
smoking ban (see section 6).
c). Removing all ashtrays and other like receptacles; and providing external stubbing
bins at entrances where appropriate.
4. Compliance / Enforcement
Employers/managers should together establish and implement a written policy and procedures to
ensure compliance with the law as they are each potentially liable under Section 47(3) of the Public
Health (Tobacco) Act, 2002 as amended (as are occupiers and “any other person for the time
being in charge of a place”). This policy may form part of your written Safety Statement, an existing
requirement for all employers under health and safety legislation.
The policy should clearly identify the members of management and staff that have responsibility for
its implementation and specify the procedures to be followed in the event of non-compliance.
The policy should acknowledge the right of employees to work in a smoke-free environment
and information on how to obtain help quitting smoking.
This policy and associated procedures must be communicated to all staff and in particular to
new and part-time staff before they commence employment. Action in relation to disciplinary
procedures should be undertaken for violations of the smoke-free policy and this should be in line
with the procedures used for violation of any other health and safety procedure. (A model smokefree
policy is shown on page 6).
5. Smoke-Free Policy
“No Smoking” signs should be conspicuously displayed so that the signs are clearly visible to
all employees, customers and visitors while in the premises. All such signs should include the name
of the person (owner/manager) to whom a complaint should be made in the event of non-compliance.
A“No Smoking” sign should be permanently displayed in a conspicuous position at each
entrance to the premises, at service counters, in toilet facilities and staff rooms.
“No Smoking” signs should contain the international “No Smoking” symbol and be durable.
(Amodel “No Smoking” sign is shown on page 8).
6. Signage
Public Health Tobacco Acts 2002 and 2004
Section 47 – Smoking Prohibitions
Model Smoke-Free Workplace Policy
Exposure to second-hand smoke/Environmental Tobacco Smoke (ETS) also known as passive
smoking is a cause of disease, including lung cancer and heart disease, in third parties. Neither
the simple separation of smokers and nonsmokers within the same airspace nor the
provision of ventilation can eliminate exposure to ETS and the consequent health effects of such
exposure. This policy has been developed to protect all employees, service users, customers
and visitors from exposure to ETS, to ensure compliance with legal obligations and to ensure a
safe working environment.
Purpose
It is the policy of [INSERT NAME OF BUSINESS] that all of its workplaces are smoke-free and
that all employees have a right to work in a smoke-free environment.
Smoking is prohibited throughout the entire workplace with no exceptions. This policy applies
to all employees, consultants, contractors, customers and visitors.
Policy
Overall responsibility for policy implementation rests with the occupier, manager or other person
for the time being in charge of the workplace.
All staff have an obligation to adhere to, and facilitate the implementation of this policy.
The person in charge [………………..] shall inform all existing employees, consultants and
contractors of the policy and their role in the implementation and monitoring of the policy.
All new and prospective employees, consultants and contractors shall be given a copy of the policy
on recruitment/induction by the person in charge.
Implementation
Infringements by staff will be dealt with under local disciplinary procedures. Infringements by
customers, clients etc., will be dealt with in accordance with the procedure set out below.
Employees, consultants, contractors, customers and visitors who contravene legislation prohibiting
smoking in the workplace are also liable to a criminal prosecution with an associated fine.
Policy Infringements
Information on how to obtain help quitting smoking is available from […………………] e.g. The National
Smokers Quitline (1850 201 203) or the Health Promotion Service of the local health board.
Smoking Cessation
Office of Tobacco Control Guidance for Employers and Managers
1. Draw the person’s attention to the “No Smoking” signs and advise that they are committing an offence by smoking on
the premises.
2. Advise the person that it is also an offence for the occupier, manager and any other person for the time being
in charge of the premises to permit anyone to smoke in contravention of the law.
3. Advise the person that the business has a smoke-free policy to ensure a safe working environment for staff and
customers. And that under the policy staff are obliged to refuse service to customers who persist in smoking.
4. If the person continues to smoke immediately request that they leave the premises.
5. If the person refuses, implement normal procedure for antisocial/illegal behaviour in the premises.
6. Maintain an appropriate record of all such incidents and notify all staff of action taken.
7. In all cases where physical violence is threatened or encountered, notify and/or seek the assistance
of the Gardaí. Procedure if a person smokes in contravention of the law prohibiting smoking in the workplace
Model “No Smoking” Sign [not incuded here]