Ban on smoking in the workplace in Ireland

Information

Since 29 March 2004 the Irish Government has implemented a ban on smoking in the workplace in Ireland. This means that with effect from that date smoking is forbidden in enclosed places of work in Ireland. This includes office blocks, various buildings, public houses/bars, restaurants and company vehicles (cars and vans). The ban is being introduced as part of the Public Health (Tobacco) Act, 2002 (Section 47) Regulations 2003.

The Government has further strengthened the law on smoking by limiting the sale of cigarettes in Ireland. From 31 May 2007 it is no longer possible to buy a pack of 10 cigarettes, you may only buy packs of 20 cigarettes.

Just under 25% of the Irish population smoke and the purpose of this ban is to offer protection to employees and the public who are exposed to the harmful and toxic effects of tobacco smoke in the workplace. Smoking has been identified as a major cause of heart disease and a significant contributor to lung cancer in Ireland.

Rules

Since 29 March 2004 you are not allowed to smoke in an enclosed place of work in Ireland. While the ban will mean that smoking is forbidden in many places, there are a few exceptions:

• Prisons
• Police station detention areas
• St. Patrick's Institution
• Nursing homes
• Hospices
• Religious order homes
• The Central Mental Hospital
• Psychiatric hospitals
• Maternity homes
• Hotel, guesthouse and B&B bedrooms
• Third-level educational residential facilities.

The Government has stated that even though certain places are exempt from the ban, all employers (even those who are exempt) still have the right to enforce the legislation. In other words, even though the above organisations and institutions are not obliged to enforce the ban, they are free to do so if they wish.

Every employer in Ireland is obliged to protect the health of staff, customers, residents and visitors to their premises. In the case of exempted buildings only, this means that employers can if they wish designate certain areas of their premises as 'smoking' or 'non-smoking' in order to minimise risk. This means for example that even though a nursing home is exempt from the smoking ban, the owners of the nursing home could order that residents may only smoke outside or in a designated 'smoking room'.

Given that prisons and places of detention are unique, the law does not apply to these institutions. Again however, there is nothing to stop prison authorities from designating these institutions as entirely 'non-smoking' or establish designated 'smoking rooms' if they wish.

Outdoor smoking areas

While smoking in an enclosed workplace is forbidden under the law, employers have discretion to provide an outdoor smoking area, subject to the requirements of the law.

The law has defined an outdoor area as:

• A place or premises, or part of a place or premises, that is wholly uncovered by any roof, fixed or mobile.
• An outdoor place or premises that is covered by a roof, so long as not more than 50% of the perimeter (outside) is covered by a wall, windows, gate or similar.

Common areas of buildings

The smoking ban also applies to common areas within buildings. This means for example that corridors, lobby areas and reception areas of buildings such as apartment blocks and hotels are also covered.

If you wish to make a complaint about smoking in a common area of say, an apartment block you should first contact the management company/residents association of the apartment block and try to reach an agreeable solution. If you wish to make a complaint about smoking in a hotel common area, you should first make your complaint to the hotel management. Remember, it is an offence to smoke in an area that has been designated 'non-smoking'.

If your complaint regarding smoking in a common area of a building has not been resolved, you should then telephone the Compliance Line at the Office of Tobacco Control for more advice - see 'Where to apply' below.

Does my employer have to give me time off work for smoking breaks?

No. Employees in Ireland are only entitled to time off work for breaks as set down in Section 12 of the Organisation of Working Time Act, 1997. Your employer is not obliged to provide smoking breaks for employees after the implementation of the smoking ban in the workplace.

Enforcement of the smoking ban

Inspections to ensure that the ban on smoking in the workplace is being implemented will be undertaken by Environmental Health Officers employed by the Health Service Executive (HSE). In addition, inspections will be carried out by inspectors from the Health and Safety Authority. The traditional workplace locations visited by the Health and Safety Authority will have to comply with the new smoke-free measures requirements, as part of their general compliance with health and safety requirements.

Officers from the HSE and the Office of Tobacco Control will ensure that smoke-free measures are undertaken in workplaces connected with the food and hospitality sector.

Offences

Any person found guilty of breaching the ban on smoking in the workplace may be subject to a fine of up to €3,000. The owner, manager or person in charge of the workplace is legally responsible for ensuring that the ban on smoking in the workplace is complied with.

Further information

The Office of Tobacco Control has information about smoke-free workplaces and has produced guidelines for employers (pdf) and for the Irish licensed trade (pdf).

Where to apply