The electronic cigarette is a battery operated device that simulates the act of tobacco smoking. It works by creating a vapour by heating a mixture of propylene glycol, glycerine, water and in some instances flavouring and nicotine until it vaporizes, nicotine free e-liquids are also available.
This vapour acts much like tobacco smoke and similar to the same way that a nebulizer or humidifier vaporizes solutions for inhalation, thus allowing tobacco smokers an alternative that can be inhaled and exhaled like traditional tobacco smoking.
Concerns have been raised that use of the electronic device might carry health risks and in addition, concerns that they could appeal to other non smoking groups such as children. A number of these devices also offer flavourings including chocolate or mint and some are even fitted with a light that glows on the end when a user inhales.
The FDA (US Food and Drug Administration) have stated that in their laboratory analysis of the electronic cigarette, samples contained traces of carcinogens and toxic chemicals including nitrosamines, diethylene glycol (a chemical used in antifreeze which is toxic to humans).
In 2007, the smoke-free regulations were introduced in the UK and it is now against the law to smoke in any virtually enclosed or substantially enclosed public places and work places.
As a minimum; employers, managers and those in charge of work premises and vehicles should:
- Display 'no-smoking' signs in work premises and vehicles.
- Take reasonable steps to ensure that employees, customers, contractors and visitors to the workplace are aware that the premises and vehicles are ‘smoke free’.
- Ensure that there are no fully enclosed indoor smoking rooms.
- Ensure that no one smokes in ‘smoke free’ premises or vehicles
Employers are not legally obliged to help employees to stop smoking however, employers who do provide support could reduce the risk of non-compliance with smoke free regulations as well benefitting from reduced sickness absence and increased productivity.
Employers may want to consider supportive measures:
- Develop a non smoking policy in consultation with employees
- Offer employees training to help them understand the new law and what their responsibilities are
- Provide employees and customers with support to quit smoking
Health Improvement Programmes such as nicotine replacement therapy, delivered through the workplace can make a major contribution to improving health. According to Cancer Research UK, "For a smoker, the health hazards of continuing to smoke greatly outweigh any potential risks of using nicotine replacement therapy".
While electronic cigarettes are purported to deliver nicotine to the user, no electronic cigarette has, to date, been approved as a medicinal nicotine replacement therapy. It is also widely reported on the websites of those promoting and providing the electronic cigarettes that they are not ‘quit smoking’ devices and there is no guarantee that an individual will stop smoking tobacco cigarettes. It is simply an alternative to a tobacco cigarette that allows smokers to continue the action of smoking without combustion.
Our advice would be that until further research on the effects of electronic cigarettes is available, employers should treat those employees who use electronic cigarette devices the same way that they would those employees who smoke tobacco cigarettes If they already allow cigarettes breaks then they should continue to make these available and adopt a no smoking policy on workplace premises and in vehicles for all smokers either electronic or tobacco based.
There is no legal requirement for employers to provide smoking shelters. If such facilities are provided, the risks of fire and possible risks from clandestine smoke need to be evaluated as well as ensuring that the shelter is not enclosed as defined by the Smokefree Regulations.
Businesses should contact their local authority for advice and guidance on whether their premises or shelter is enclosed or substantially enclosed. Employers should provide rest room facilities that are free from the effects of tobacco and discomfort caused by tobacco smoke.
If you would like advice relating to developing a non smoking policy
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See also the section on Specific Issues in the HR Reference Manual