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Employees have a right to a smoke-free workplace: a general smoking ban applies to most workplaces in the Netherlands, and smoking rooms in buildings are also prohibited. A clear smoking policy clarifies the rules and protects the health of your employees. Violations can lead to substantial fines from the NVWA. Below, you can read where the smoking ban applies and what you should include in a smoking policy.
Where does the smoking ban apply in the workplace?
Smoking at work poses health risks — not only for the smoker, but also for those exposed to secondhand smoke (with risks such as asthma, bronchitis, and lung cancer). Therefore, a smoking ban applies in most workplaces, and smoking rooms in buildings are prohibited. The ban applies to both commercial and public buildings.
Important nuances:
- the ban does not to home workplaces;
- Employees who work in other people's homes (such as domestic help) cannot prohibit residents from smoking in their own homes — however, the employer can take employees' wishes into account, for example by assigning them to non-smoking clients;
- The ban also applies in company cars and in the hospitality industry (smoking is permitted on an open-air outdoor terrace).
Fines for violating the smoking ban
The Netherlands Food and Consumer Product Safety Authority (NVWA) monitors compliance with the smoking ban and can impose fines. TODO_VERIFY: the fine amounts (mentioned in the original article between approximately 450 and 450,000 euros) are subject to change — check the current amounts with the NVWA.
What do you include in a smoking policy?
A smoking policy clarifies the rules regarding smoking and protects the health of your employees. In it, you can include:
- where employees and/or visitors are and are not allowed to smoke;
- the consequences of violating the rules;
- possible help with quitting smoking.
If your company has a Works Council, the Works Council must approve the smoking policy. Tailor the policy to your situation: a large company often applies different rules than a small company, and you can vary by room. You may even prohibit smoking on the entire company premises, both indoors and outdoors.
Smoking and working longer
An employee who smokes is not working while smoking. You can require him to make up that time, but only if this has been agreed upon in a collective labour agreement or employment contract. Most employers allow short smoking breaks without extra working time, provided they are not excessive — comparable to short breaks for a toilet visit or coffee.
Frequently Asked Questions
Am I allowed to completely ban smoking in the workplace?
Yes. You can ban smoking on the entire company premises, both indoors and outdoors. If you have a Works Council, it must approve the policy.
Does the smoking ban also apply when working from home?
No. The statutory smoking ban does not apply to home workplaces. Nor can you prohibit residents from smoking when working in someone else's home.
Am I allowed to let a smoking employee overtake?
Only if this has been agreed upon in a collective labor agreement or employment contract. Otherwise, short smoking breaks are usually treated the same as other short breaks.
Who enforces the smoking ban?
The NVWA monitors compliance and can impose fines for violations.
Drafting a tailored smoking policy?
A good smoking policy protects the health of your employees, contributes to a pleasant working environment, and prevents fines. Such a policy is always tailor-made.
Our employment law draft a smoking policy tailored to your company. Schedule a no-obligation consultation.
