LRD guides and handbook July 2017

Health and safety law 2017

Chapter 5

E-cigarettes



[ch 5: pages 89-90]

The TUC argues that, although e-cigarettes are not covered by the legal ban on smoking in enclosed workplaces, there is no place for them in the workplace. Although they are likely to be less harmful to smokers than tobacco, it points out that their sale is unregulated, there is very little evidence as to their safety and their ingredients and quality can vary considerably.



The TUC strongly recommends that unions should ensure that electronic cigarettes are subject to the same restrictions in the workplace as tobacco. “They should not be used in any indoor place. This is because the risk to others is unknown, but also because it can be confusing if people are seen to be smoking what can look like tobacco.” It says this undermines the smoking ban. “However employers and health campaigners may wish to promote the use of electronic cigarettes for existing smokers to help them give up, on the understanding that they only use them when they would normally smoke a cigarette and not anywhere that smoking is restricted.”



Health and Safety Executive advice is: “If an employer decides to ‘prohibit’ the use of e-cigarettes in the workplace but allow for ‘vaping’ breaks or provide areas where employees can use e-cigarettes, the employer needs to ensure that those who use e-cigarettes are not put at risk of harm from second-hand tobacco smoke.”



TUC advice on e-cigarettes is contained within its advice for workplace reps, Smoke-free workplaces, and is available on its website (https://www.tuc.org.uk/sites/default/files/smoke-free%20workplaces%20-%202014%20pdf_0.pdf).

HSE advice can be found on its website (www.hse.gov.uk/contact/faqs/smoking.htm).