E-CIGARETTES IN THE WORKPLACE POSE A CHALLENGE FOR EMPLOYERS

The rise of the e-cigarette in the workplace is posing a challenge for employers as regulation hides behind a fog of unclear direction leaving employers to decide on an appropriate policy for the use of e-cigarettes in the workplace.

UK sales of e-cigarettes have quadrupled during 2013, to an astonishing £193m, with a further leap to £340m expected by 2015. In the UK alone, there are an estimated 1.3m e-cigarette users.

Advocates of e-cigarettes point out this increase is a good thing, signalling a cessation of smoking for many who have chosen to move across to this less harmful method of consuming nicotine.

But e-cigarettes are a good example of how disruptive technologies are posing challenges to employers, creating potential problems they may soon encounter. For instance, it is unlikely that e-cigarettes are covered in the Health Act of 2006, which banned smoking in public places, leaving employers scratching their heads when it comes to deciding what to do if and when an employee challenges their current policy on smoking at work using an e-cigarette.

Mark Booth from Avensure, a consultancy specialising in Employment and Health & Safety Law, comments:  

“In the short term I expect this debate will rumble on as uncertainly lingers. I am interested to see if the government of health authorities release guidance soon on use of e-cigarettes in public places, such as offices; I am expecting this development, perhaps when more substantial evidence is available. Recently the British Medical Association (BMA) called for more research to establish the effectiveness and safety of the devices as nicotine replacements.

“In the meantime, employers should consider putting in place their own policy on use of e-cigarettes in the workplace. The policy could easily form part of the employment handbook provided to all staff.”

Employers faced with this dilemma should consider:

•  It is in the interest of employers to promote health and well-being in the workplace. Allowing the use of e-cigarettes may help employees who want to quit smoking, and thereby improve their health.
• However, are smokers the minority, and would use of e-cigarettes be good for other staff, particularly pregnant or asthmatic employees? Providing a safe and secure work environment is the responsibility of the employer, who needs to weigh up whether e-cigarettes are an improvement for the common good.
• Likewise, employers must decide whether the use of e-cigarettes is in keeping with the professional image of their organization.

http://avensure.com/hr24/

For more detailed advice on smoking in the workplace, or other legal issues, please call Mark and the team for free advice quoting Marketing Stockport on: (+44) 800 912 7152