Electronic cigarettes or 'e-cigarettes' are battery-powered devices which turn nicotine, flavour and other chemicals into a vapour that is inhaled by the user. Opinion is divided as to the safety and effectiveness of e-cigarettes as nicotine replacement therapy and as to the potential harmful effects of e-cigarette vapour.
Since July 2007, smoking in enclosed or substantially enclosed workplaces in England has been prohibited. However, given the definition of 'smoking' contained in the smoking-ban legislation, it is unlikely that e-cigarettes would come within the ambit of that legislation. At present, it is therefore up to employers in the UK to decide how they wish to deal with e-cigarettes in the workplace. It should be noted however that other countries have already implemented legislation that either bans e-cigarettes or heavily regulates them and it is possible that similar legislation will be implemented in the UK in the future.
Regardless of the scope of the current smoking-ban legislation, employers have a legal obligation to take reasonable care for the health and safety of employees and to maintain a safe place of work. As a result, and while opinion on the safety of e-cigarettes and the vapour produced by them remains divided, many employers are taking the proactive step of widening their no-smoking policy to include the use of e-cigarettes.
Companies therefore currently have some flexibility in deciding how they wish to deal with the issue of e-cigarettes within the workplace and may chose to include the workforce in that decision-making process through a period of discussion/consultation. Whatever the decision, it is important that the company's policy is clearly communicated to the workforce and any existing smoking policy is updated where appropriate.
