SMOKING - 21.06.2018

Q&A - do we have to provide vaping facilities?

Q. We have banned vaping in our buildings which means that those who want to vape have to go outside. We’ve now received a complaint from a member of staff that they are sharing the same shelter with smokers. Are we required to provide a separate facility?

A. Firstly, we should make it clear that there is no requirement to provide a smoking shelter, although this is something which many employers have chosen to do.

What to do? Assuming your shelter meets the legal requirements it is not “substantially enclosed” and is therefore well ventilated. This should be sufficient to prevent any health concerns. There is no formal guidance or legislation which requires you to provide a separate place for vaping. If you choose to do so to maintain staff moral it’s entirely at your own discretion.

There is no explicit legal requirement to provide any sort of facilities for smokers or vapers. If you provide a shelter, it should not be substantially enclosed and therefore will be sufficient for both parties.

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