What is the law on vaping in the workplace?

It is not against the law to allow vaping in your workplace but that doesn’t mean you can’t stop employees using them. Some employees use E-cigarettes as part of a plan to stop smoking, so employers may want to support their use if this is the case.

Is vaping gross misconduct?

In some cases, it could even amount to gross misconduct for which an employee could be summarily dismissed. Still, any disciplinary action taken against an employee for vaping at work must be fair.

Does vaping count as quitting?

Vaping is a way to quit cigarettes by getting nicotine with fewer of the toxins that come from burning tobacco. You get to stay social, spend less, and once you’ve quit smoking you’ll feel better for it. Although vaping’s much less harmful than smoking, it’s not harmless.

Is smoking in the workplace gross misconduct?

An employer can deal with excessive smoking breaks under their disciplinary procedures. Specific advice should be sought in such circumstances as clearly not all breaches of a smoking policy will constitute gross misconduct.

Do smoke breaks count as breaks?

No. If you are a smoker, you are not entitled to any additional breaks. In California, rest periods are based on the amount of hours you work, which is one 10-minute rest for every four hours of work.

Are employees legally entitled to smoke breaks?

Regarding taking a break to go for a smoke or vape, Mr Holcroft explains, “There is no statutory right to ‘smoking breaks’. But employees are legally permitted to one ‘rest break’ while at work – this can be for anything from a tea break to a lunch break, as well as a cigarette break.”

Can an employer tell you not to smoke on your break?

There is no federal law that governs smoking at work, so smoking regulations vary significantly from state to state. Even if there is not an applicable law, employers can have their own workplace smoking policies that prohibit smoking entirely or limit it to certain areas, like a break room, or outside area.

Can I be sacked for smoking at work?

Employers should note that, if a worker is in breach of a smoking ban or restriction, instant dismissal may be regarded as unfair dismissal, unless the smoking in question constitutes a significant fire hazard and the employee is aware of the ban.