We have staff standing outside our main door when they want to smoke. However, this looks really bad to customers approaching the building so we'd like them to stand at least 10 metres from the main building. Can we do this? If so, does the rule need to go in contracts of employment or our staff handbook?Posted in : First Tuesday Q&A ROI on 5 January 2010
The workplace smoking ban, which was introduced by the Public Health (Tobacco) Act, 2002, prohibits smoking in an enclosed place of work in Ireland. Every employer is obliged to protect the health of staff, customers and visitors to their premises. The person in charge of the workplace (i.e. the employer) is legally responsible for ensuring that the ban on smoking is complied with.
If an employer wishes to prevent its employees from smoking at the entrance to the building it would be advisable that the employer creates a designated outdoor smoking area. It would also be advisable that the employer, in consultation with the employees, introduces a smoking policy that can be communicated to
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
Back to Q&A's This article is correct at 02/09/2015
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.