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
Issues covered:

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

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Back to Q&A's This article is correct at 02/09/2015

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