New act on e-cigarettes: Obligation to prepare a written policy concerning smoking at the work place

A new act on e-cigarettes has come into force. The act implies that employers must prepare a written policy stipulating whether and, if so, where e-cigarettes are allowed.

The Act on e-cigarettes came into force on 7 June 2016. The Act contains a prohibition against use of e-cigarettes at for instance institutions with children under 18, child-minders, public means of transportation and taxies.

According to the Act, employers must prepare a written policy concerning the use of e-cigarettes. In this policy, the employer must decide whether e-cigarettes are allowed at the work place and, if so, where.

The policy must be available to users, employees and visitors.

Supervision

The Working Environment Service must supervise that the rules are observed on equal terms with the Act on no-smoking environments.

This means that the Working Environment Service may issue a notice of the work place has no written policy concerning e-cigarettes. Failure to observe the obligation to prepare a policy may result in a fine being imposed on the employer.

Policy concerning e-cigarettes

The employer may for instance incorporate the use of e-cigarettes in an existing smoking policy. As it is the case with other policies, it should be discussed in the works council or the committee concerning information and consultation before being introduced.

The new Act does not contain a provision that the policy must describe the consequence in case the employee violates the policy. However, the policy should also describe the consequences if an employee violates the policy with the effect that the employer can enforce the policy on an objective basis.

contacts

Marianne Lage

Partner

Maria Schmiegelow

Attorney