Saying Bye to Cigarettes at Work: What's the Deal?
Is there a necessity to affix a mark for a cigarette break at your job?
If the workday is dragging you down, a quick smoke break might seem appealing. But do you need to clock out for this brief respite? And can bosses forbid you from wandering outside for a cigarette or vape?
According to Jakob T. Lange, a labor law specialist in Wiesbaden, smoking breaks are routine interruptions in the workday. If you're puffing away, you should regularly log out during that period. If there's a time-recording system, your employer could also require you to log out during the smoking break. The time - similar to any regular break - is typically unpaid and may need to be made up.
When Employers Can Put the Kibosh on Smoking
Although employees might have some leeway in organizing their breaks, there may be restrictions when it comes to smoking, says Lange.
Employers need to consider the health of non-smokers as well as fire safety. For instance, a gas station would likely have smoking restrictions due to fire risks. This means that, depending on the nature of the business, employers can ban smoking in certain areas, workspaces, or even the entire premises. However, a blanket smoking ban for employees isn't usually permissible according to established legal opinions.
In any case, employers must take the works council's co-determination rights into account - especially if one exists in the company. Implementing a smoking ban or its enforcement often requires the works council's consent, informs Lange.
About the person: Jakob T. Lange is a specialist in labor law and a member of the executive committee of the German Bar Association's (DAV) Working Group on Labor Law.
On Health and Safety Fronts, Employers Have Options
- Adhering to Laws: Ensure compliance with local and national smoking laws in the workplace. In certain jurisdictions, areas like hotel lobbies and outdoor dining spaces may not be covered by all smoke-free laws.
- Clear-Cut Policies: Develop and communicate policies clearly outlining smoking restrictions on company premises, including areas where smoking is banned and resources for employees attempting to quit.
- Support for Employees: Offer resources such as counseling or nicotine replacement therapy to help employees combat nicotine addiction.
Fire Safety Requires Careful Assessment
- Risk Evaluation: Perform risk assessments to identify potential fire hazards associated with smoking, like open flames near flammable materials.
- High-Risk Prohibition: Restrict smoking in areas where it poses a significant fire risk, like near fuel storage or areas with explosive materials.
- Safe Smoking Spaces: Designate safe spaces for smoking, if allowed, and equip them with appropriate fire safety measures.
Works Council Co-determination Rights Need to be Respecting
- Consultation and Collaboration: Consult with the works council when implementing new policies, including smoking bans, to ensure their rights are respected and the policy is fair and reasonable.
- Fair Enforcement: Ensure the smoking ban is applied evenly to all employees, without discrimination.
- Employee Support: Collaborate with the works council to provide support and resources for employees affected by the smoking ban, such as cessation programs.By taking these factors into account, employers can effectively ban smoking on company premises while maintaining legal compliance and fostering a healthy and safe work environment.
- In the context of creating a health-and-wellness-focused workplace, employers might consider implementing clear-cut policies that ban smoking on company premises, as advised by Jakob T. Lange, a specialist in labor law.
- To address fire safety concerns, employers should perform risk assessments and restrict smoking in areas where it poses a significant fire risk, following advice from Lange, who is also a member of the executive committee of the German Bar Association's (DAV) Working Group on Labor Law.
