UK: Vaping Trade Association Urges Employment Body to Revise Vaping Guidance

The UK Advisory, Conciliation and Arbitration Service (ACAS) is a body that provides free, impartial information and advice to employers and employees on all aspects of employment law and workplace relations.

In January 2018, the organization published guidance on the use of e-cigarettes in the workplace.

Following this, the UK Independent British Vape Trade Association (IBVTA) wrote to the ACAS Chief Executive, pointing out certain errors in the guidance and urging the agency to review and revise it. The association recommended that ACAS refer to the Public Health England (PHE) framework for businesses and employers, which sets out five key principles for organizations to consider:

1. Make a clear distinction between vaping and smoking,

2. Ensure policy is based on evidence of health risks to bystanders,

3. Identify and manage the risk of uptake among children and young people,

4. Support smokers in quitting and staying smoke-free,

5. Support compliance with smoke-free laws and policies.

Proposed Revisions

One year later, IBVTA was pleased to announce that ACAS had acted on some of its recommendations and updated its advice accordingly. The revised guidance now includes the following:

1. E-cigarettes are not covered by smoke-free legislation, because smoking involves the combustion of a substance. Therefore, whether employees are allowed to use them at work is up to their employer;

2. Some employees use e-cigarettes as part of a stop-smoking plan, so employers may wish to support their use in such cases;

3. Preventing the use of e-cigarettes at work may make it harder for people who vape to quit smoking, especially if they are required to go to smoking areas alongside smokers. Employers may wish to consider creating separate vaping areas in or near the workplace;

4. Employers may allow employees to vape in the workplace, but they should take business needs and the wider workforce into account. If restrictions are placed on vaping, employers should create a designated vaping area.