The Use of E-cigarettes in the Workplace

While debate continues about the safety of e-cigarettes, the consensus across England's public health community is that they are significantly safer for users than smoked tobacco and there is little evidence so far of harm caused by second-hand e-cigarette vapour. Employers should carefully consider the implications for their businesses when deciding what policy to put in place on the use of e-cigarettes in the workplace.

Legislation under the Health Act 2006 has prohibited smoking in enclosed public places, workplaces and in vehicles used for work since July 2007. E-smoking falls outside the scope of the legislation because the act of smoking requires a substance to be burnt, and e-cigarettes do not burn tobacco or create smoke; they vaporise a flavoured liquid for the user to inhale, also known as 'vaping'. As such, employers should make clear that vaping, as well as smoking, is covered in their policies.

According to Public Health England (PHE), approximately 2.8 million adults in Great Britain currently use e-cigarettes, almost all of whom are smokers or ex-smokers. The PHE has recently published guidance setting out key principles which are intended to help businesses to develop their own policies on managing the use of e-cigarettes in the workplace.

The five key principles which the PHE recommends applying when drafting policies on e-smoking at work are as follows:

• Make clear the distinction between vaping and smoking;
• Ensure policies are informed by the latest evidence on health risks to bystanders;
• Identify and manage risks of uptake by children and young people;
• Support smokers to stop smoking and stay smoke free; and
• Support compliance with smoke-free law and policies.

There is no 'one-size-fits-all' approach as working environments vary and the guidance aims to assist employers in striking a balance between improving the wellbeing of their staff and managing the risks specific to their setting. Clearly a factory or warehouse, for example, is a very different setting from a school where teachers or other members of staff are in full view of pupils, who can be easily influenced.