Should employers introduce a ‘vaping’ policy in their workplace?

The use of E-cigarettes in the workplace does not fall within the prohibition of smoking under the Smoking (Northern Ireland) Order 2006, and therefore can currently be legally used. An employer cannot prohibit their use on its premises or limit their use in working time unless it expressly covers these issues in a relevant policy or procedure. This can be done by notifying employees of a free-standing rule or including it as part of their no-smoking policy.

The policy on smoking outside the premises could be extended to cover e-cigarettes. Employers who wish to extend an existing smoking policy to include restrictions in relation to e-cigarettes should consult with employees in advance to