What is the law?
From midnight last night, smoking will be banned in all enclosed workplaces, with the following exceptions: Prisons, including St Patrick's Institution; Garda station detention areas; nursing homes; hospices; religious order homes; the Central Mental Hospital in Dundrum; psychiatric hospitals; maternity homes; hotel, guesthouse and B&B bedrooms; and third-level education residential facilities. Smoking is banned in workplace vehicles such as company cars and trucks, but the authorities have conceded that this will be extremely difficult to monitor. The new law is being introduced under the Public Health (Tobacco) Act, 2002 (Section 47) Regulations 2003.
Who will enforce it?
It will be enforced by environmental health officers (EHOs) and by inspectors of the Health and Safety Authority (HSA). The EHOs and the Office of Tobacco Control will monitor compliance with the ban in the food and hospitality area. HSA officials will monitor the traditional workplace locations that are already inspected for compliance with general health and safety requirements.
It will not be the duty of gardaí to enforce the law but, if a public order issue arises when staff attempt to implement the law, gardaí may become involved, as with any other public order issue.
What are the penalties?
A fine of up to 3,000 can be imposed on any person found guilty of breaching the law. The owner, manager or person in charge of a workplace is legally responsible for ensuring compliance with the workplace smoking ban.
Can you smoke outdoors?
The law applies only to enclosed areas, so smoking will be allowed in outdoor work areas. The definition of an outdoor area is: a place or premises, or part of a place or premises that is wholly uncovered by any roof, fixed or mobile or an outdoor place or premises, covered by a roof, as long as not more than 50 per cent of the perimeter is covered by a wall, windows, gate or similar structure. The type of outdoor smoking area provided is at the discretion of the employer, subject to the law.
Can you smoke herbal cigarettes?
Yes, as long as the brand does not contain tobacco products. Tobacco products are defined as "any product consisting in whole or in part of tobacco that is intended to be smoked". The Environmental Health Officers' Association has advised employers to be extremely cautious when allowing herbal cigarettes, in case they contain tobacco.