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What is the Smoking Act? See what a smoking policy entails in the workplace

The Smoking Act and smoking policy in the workplace

A few years ago there were no rules about smoking in public spaces. Therefore, everyone could smoke freely regardless of where they were. This changed about 10 years ago when the Smoking Act was introduced, banning smoking in the majority of public locations and workplaces.

In this article, we will enlighten you on the following topics:

  • Whether companies can ban smoking in the workplace
  • What the Smoking Act says regarding smoking in the workplace
  • What a smoking policy entails
  • What are the consequences if you violate the smoking law in the workplace

Can smoking be banned in the workplace?

It is permitted for companies to prohibit smoking in the workplace. However, the employer can choose to establish a smoking policy where, for example, smoking may be permitted in smoking cabins and smoking rooms.

In the next section, we will take a closer look at what a smoking policy entails and what the Smoking Act clarifies regarding smoking in workplaces.

What does the Smoking Act say about smoking in workplaces?

The Smoking Act is a law that helps to protect against passive smoking indoors in e.g. workplaces according to § 6. However, a number of places are exempted in the law, e.g. day care homes in the care and nursing sector and in smaller pubs. Smoking is also not permitted in hospitals, but it can be agreed that smoking is permitted for patients and relatives. However, this requires that others are not exposed to passive smoking.

In conservatories and common areas, it can be decided that smoking is permitted even if there is only one living room. In addition to workplaces, the smoking law also covers other public spaces, e.g. educational institutions, catering establishments and public transport.

What is a smoking policy?

A workplace can legally allow smoking in smoking cabins, smoking rooms or in commercial vehicles, e.g. cranes or company cars, where only one employee is working at a time.

smoking policy in the workplace

In addition, all companies must have a smoking policy that states whether smoking is permitted in the workplace. If the company allows smoking, it is important that it clarifies in which areas employees are allowed to smoke. It is also worth mentioning that the smoking policy must be in writing and must be accessible to all employees. The company can do this, for example via posting on a notice board. The smoking policy must also include the consequences if employees do not follow the rules set out in the smoking policy.

If the workplace accepts smoking in smoking rooms or smoking cabins, it is also the company's responsibility to set up signage that clarifies the harmful health effects of inhaling tobacco contaminated air. This type of sign can be ordered free of charge from the Danish Health Authority.

What are the consequences if you violate the Smoking Act?

It is the employer's responsibility to ensure that the smoking law is complied with. The Danish Working Environment Authority will monitor whether the law is being complied with at regular intervals. Employers who violate the law can be fined around DKK 20,000. In addition, it should be noted that private individuals who do not comply with the law and smoke in, for example, the workplace where smoking is prohibited, are not fined. However, it is possible to dismiss the person in question instead.

What is a smoking room and a smoking cabin?

As previously mentioned, it is possible to set up a smoking room or a smoking cabin where smoking is permitted indoors despite the smoking ban in the Smoking Act. If a company wants to set up a smoking room or a smoking cabin for its employees, it must comply with a number of specific requirements.

The smoking room or the smoking cabin must, among other things, offer reasonable venting options or ventilation. Furthermore, it is not permitted for the smoking room or the smoking cabin to be a passage room. Also, the room or cabin must not have any other purpose than smoking.

What are smoke free working hours?

A smoke free working time means that the company's employees and managers must neither smoke or vape during working hours. This initiative applies both on and off the workplace register and has been introduced by, for example, Herning Municipality.

The purpose of smoke free working hours is to establish a company culture where tobacco and similar products are not part of daily life. The initiative can help promote a number of positive elements, such as:

  • A physically healthier working environment where the employees are shielded from tobacco smoke and tobacco products
  • Support employees who want to stop smoking
  • Improved brand image towards customers and citizens

See more about how: