Rest time (all types of breaks, weekends, vacations)

More than forty million people throughout Russia use tobacco products, and many of them believe that the smoking bans that came into force after the adoption of Federal Law No. 15-FZ of February 23, 2013 infringe on their civil rights and freedoms.

Measures taken to protect the health of others include smoking restrictions:

• in land and air transport;
• on the territory of stations;
• in any public organizations (cultural, educational, etc.);
• in public service buildings;
• in entrances, in workplaces (in production, in offices, and so on).

What does the letter of the law say about the liability of smoking employees? Which actions of employers are legal and which are completely illegal?

Announcements banning smoking at work

Warnings must be posted in the smoking room, as well as in the restrooms and throughout the establishment.

Based on content they can be divided into three groups:

• Fire safety;
• harm to health;
• administrative responsibility.

What does the Labor Code say about smoking in the workplace? Regulations

Is it possible to smoke in the workplace?

The Labor Code (LC) is one of the main documents regulating the relationship between an employer and an employee.

First, let's get acquainted with the basic terms necessary for further discussion of this issue.

A workplace is a place where an employee must arrive to perform his work duties. Also, during the work process, the employee must comply with all the procedures and rules prescribed by this organization, and must understand that failure to comply with them may entail disciplinary liability provided for by the charter of the enterprise and expressed in the form of a reprimand, reprimand or even dismissal.

Disciplinary liability is a legal liability. It is expressed in the application of disciplinary sanctions that an institution, enterprise or organization can apply to an employee due to his committing a disciplinary offense, and in other words, for failure to comply with the internal rules of a given enterprise or organization.

Working time and rest time - determine when an employee must perform his work, and when he can rest and devote time to his personal affairs without compromising the production process.

As for the information about smoking breaks in the Labor Code itself, you need to know that it does not contain any specific information in this regard allowing or prohibiting smoking during working hours. That is, the law does not officially provide for the organization of a smoking break during the work process.

Specially designated areas are being created.

In this regard, the employer may prohibit smoking at work by a special act, and at the same time he will not bear any responsibility for failure to provide this break to the employee.

Do you want to know what will happen to you?

Nicotine addiction does not arise out of nowhere, but willingly fills the vacuum. Don't like paradoxes? Then don't listen to our harmful advice, but know: nicotine leaves no choice. Your life with nicotine is predictable like the plague! If you are afraid of uncertainty, continue smoking! And your diagnosis will be cancer, emphysema, heart attack or stroke. Want to try your luck?

Motives for creating an order

Rationale and basis are the two pillars on which this document rests and it is on them that the author of the order should rely.

Justification is an objective reason for creating a document; it is written after the words “In connection with...”. The basis is any specific document or legislative normative act, to which a direct reference is given in the order. In this case, the basis can be considered Federal Law No. 15-FZ “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption.”

Features of the form design

If you are entrusted with the responsibility of drawing up an order banning smoking in an organization, we recommend that you familiarize yourself with our advice and pay attention to the sample document. First of all, let's give some general information.

The smoking ban order, like any other administrative act, does not have a standard form, so it can be written in any form or, if the company has a developed document template, according to its type. Both ordinary sheets of any convenient format (generally accepted - A4) and company letterhead are suitable for issuing orders. We accept printed and handwritten text (in the second case, it is important that there are no blots, errors or corrections).

When forming an order, only one important criterion should be met - it must be certified by the original signature of the director of the company (since orders are always written on his behalf) or an employee who is authorized in the prescribed manner to act on behalf of the director.

It is not necessary to stamp the order form - there is a need for this only when the norm for certifying the organization’s internal documents using various types of cliches is enshrined in its local legal acts.

The order is always generated in a single original copy , and if it needs to be duplicated, certified copies are made. Information about the document is entered into the administrative documentation journal.

Sample document

When drawing up the text of the order, keep in mind that its structure and content must comply with certain unwritten rules of office work. In the header you need to indicate:

• name of company;
• title and number of the document;
• place (settlement) and date of its compilation;
• justification for creating the order (here you can refer to the protection of employee health).

The following is the main part:

• first of all, this includes the smoking ban itself, as well as the employer’s exact requirements (for example, smoking only in specially designated areas);
• the employees who must make changes to the internal regulatory documents of the company, familiarize other employees with the order, and also produce and place information sheets, plates and signs are indicated;
• Below is the employee responsible for executing the order and the basis for creating this order.

If necessary, the document can be supplemented with other information (about agreeing on common smoking areas with neighboring businesses, introducing disciplinary liability for violating taboos, etc.) - in general, act according to the circumstances.

Always on edge

Does nicotine neutralize nervousness? Do you remember how, after abstinence, a cigarette literally knocks you off your feet and causes trembling throughout your body? That's right: the level of stress, which may have been minimal before toxic substances entered the bloodstream, increases several times before the tobacco smoke dissipates. Try smoking a whole pack - the effect is stunning!

In what cases is the document used?

The practice of banning smoking in enterprises is widespread today. This is due to the fact that company management pays great attention to protecting the health of employees and creating safe working conditions.

In addition, the introduction of taboos and restrictions on smoking is also influenced by legislative norms, which require a number of organizations to equip special premises for people who like to smoke, or even a complete ban on smoking.

In particular, smoking is prohibited in educational and medical institutions, as well as government and budgetary structures - smoking is prohibited here not only inside buildings, but also within the surrounding areas.

The law provides for an administrative fine for smoking.

Separately, it should be noted that if a company does not own the office (production workshop, warehouse, etc.) in which it operates, but only rents square meters, then it cannot influence the standards regarding smoking adopted here. If you want to organize a “smoking room,” you will need to contact the owner of the premises.

Cultivating willpower

Do you have a strong character? Try to quit smoking and your iron will will break against nicotine faster than a pencil in the hand of a desperate poet: nicotine, according to experts, is addictive, like heroin and cocaine. It takes only eight seconds for nicotine to reach the brain. And even after complete removal of toxins from the body, the brain reacts to temptation...

Legislation

Tobacco products (filter cigarettes, cigars, smoking tobacco, etc.) are used to inhale smoke resulting from their smoldering. Everyone knows that smoking is harmful to the health of the smoker (primarily because it has a detrimental effect on his lungs). It can also negatively affect the well-being of surrounding non-smoking citizens (so-called “passive smokers”), because they somehow have to inhale tobacco smoke when communicating with a smoking person.

Federal Law No. 15-FZ dated 23.02.2013 (as amended on 28.12.2016), in order to protect people’s health from the effects of environmental tobacco smoke, outlined the mandatory requirements for smoking areas in the enterprise and in the open air, which should be taken into account by every employer who is thinking about about the need to equip such a place.

Law No. 15-FZ prohibits smoking in almost all public places, including workplaces and work areas. There are only two exceptions. With the permission of the property owner, it is permitted (see Article 12 of this Law):

• in specially designated places in the open air, as well as on long-distance vessels;
• in equipped premises of apartment buildings, with the consent of the residents.

Thus, an employer who owns a building or premises may allow employees to smoke, but only in specially designated areas. And only in institutions where this is allowed. And then only in non-working areas.

A complete list of facilities where smoking is prohibited can be found in Art. 12 of Law No. 15-FZ. For example, the installation of smoking rooms in medical institutions, educational organizations, public catering establishments, gas stations, etc. is strictly prohibited. Moreover, the smoking ban applies not only to employees of these companies, but also to their visitors. The head of the organization must inform people about this using a special sign (clause 5 of Article 12 of the Federal Law of February 23, 2013 N 15-FZ).

In the spotlight

Do you want people to pay attention to you? Don’t take the cigarettes out of your mouth, and they won’t take their eyes off you: your skin is flabby, wrinkled, ashen in color, with red veins and pigment spots, your teeth are yellow, your gums are bare, there are three hairs on your head. Tobacco smoke contains more than 4 thousand chemicals, including toxins that can age you prematurely.

Catering establishments and smoking ban

LLC (catering services - snack bar). In connection with the adoption of Federal Law No. 15-FZ of February 23, 2013 “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption,” which states that from June 1, 2014, retail cigarettes can only be sold in shops and pavilions, it is not clear whether it is possible to sell cigarettes in the bar of a snack bar if it is located in a business center? Or is it generally forbidden to sell cigarettes in public catering establishments? Which authorities will check? What penalties are provided?

Smoking areas at the enterprise - requirements

In this section we will tell you how to organize smoking areas. But before we outline the requirements that smoking rooms in enterprises must meet, we note: employers have no obligation to install them at all. The fact is that tobacco smoking issues have nothing to do with the organization of work. At an enterprise, employees should work, and not think about how to smoke another cigarette. But the employer can meet his employees halfway and, at their request, equip a smoking area outside the work area. He also has the right to completely ban smoking on the territory of his company (subclause 3, clause 1, article 10 of the Federal Law No. 15-FZ).

You can find out how smoking areas should be equipped, standards and requirements for them, from the document entitled “On the requirements for the allocation and equipment of special places in the open air for smoking tobacco...”, approved by Order of the Ministry of Construction of Russia N 756/pr, Ministry of Health of the Russian Federation N 786n dated November 28, 2014. Let's consider what rules need to be followed:

Isolated smoking room, requirements:

• an isolated smoking room must be equipped with a door that prevents tobacco smoke from penetrating into adjacent rooms;
• when decorating a room, it is necessary to use fireproof materials (tiles, metal or glass);
• according to fire safety requirements, a “Smoking here” sign should be installed next to the room in accordance with GOST 12.4.026-2015 - sign M15;
• the smoking room must be equipped with ashtrays;
• the room should also have artificial lighting;
• there must be a fire extinguisher in it;
• the smoking room must be equipped with a supply and exhaust ventilation system that eliminates the smoke emitted during smoking and prevents polluted air from penetrating into adjacent rooms. The power of ventilation systems must comply with SanPiN 2.1.6.1032-01;
• Information boards about the dangers of tobacco consumption must be placed in the smoking room.

Outdoor smoking area, requirements:

Outdoor smoking areas are equipped with:

• “Smoking here” sign;
• ashtrays and metal bins;
• artificial lighting (at night);
• information stands about the dangers of smoking.

It is often easier for an employer to completely ban smoking on the premises of the enterprise than to organize smoking areas in accordance with the above requirements, and then maintain them in proper sanitary condition.

Alone with myself

Are you annoyed by noisy companies? Go out for a smoke break more often and you will experience all the delights of loneliness. By the way, your skin and clothes already exude a tobacco stench, which you don’t notice, but scares away your interlocutors. Passive smoking can also help get rid of loved ones: people who have never held a cigarette in their hands die from it. Children whose lungs are still developing are especially vulnerable.