Section 1 of the Health Act 2006 defines “smoking” as “smoking tobacco or anything which contains tobacco, or smoking any other substance”, and states that “smoking includes being in possession of lit tobacco or of anything lit which contains tobacco, or being in possession of any other lit substance in a form in which it could be smoked”.  E-cigarettes emit an aerosol that users inhale or ‘vape’ and this is produced from a heated solution containing nicotine.

E-cigarettes are coming under increased scrutiny because of emerging concerns as to the health benefits for users and those exposed to second-hand vapour.  An NHS report concluded that the hazards of using e-cigarettes and being exposed to second-hand vapour are likely to be extremely low.  A World Health Organisation paper similarly concluded that e-cigarettes were less harmful than conventional cigarettes, but cautioned that the vapour emitted by e-cigarettes is not merely “water vapour” as frequently claimed, but a vapour containing nicotine and other toxic particles.

As current legislation does not cover e-cigarettes, employers can choose to allow the use of them in the workplace.  However, although employers may wish to support cigarette smokers who switch to e-cigarettes, regulating the use of e-cigarettes in the workplace may be the best option to safeguard the health of all employees and this is in line with advice from the British Medical Association.

As such, employers may want to consider updating their Smoking At Work policy to include e-cigarettes.

If you would like to know more or discuss how we can help you, please contact our HR consultants at info@connectivebusiness.co.uk