Frequently Asked Questions

Tobacco Control

What laws ban smoking in the work-place?

The Public Health (Tobacco) Acts 2002 and 2004

Why was a workplace smoking ban necessary?

On 29th March 2004 smoking was prohibited in enclosed work-places to protect employees from the dangers of passive smoking

Does the smoking ban relate to my premises?

The smoking ban relates to all enclosed / indoor workplaces with limited exceptions such as prisons, nursing homes, psychiatric hospitals, hotel bedrooms and private dwellings

Do I have to display ‘No Smoking’ signage in my workplace?

Yes, ‘No Smoking’ signage must be displayed clearly in the workplace, the name of the proprietor or manager must also be included

Who enforces the laws on smoking in public places?

Environmental Health Officers employed with the Health Service Executive (HSE) enforce the laws in a wide range of public areas including pubs, restaurants, public buildings and public transport.  Health and Safety Inspectors with the Health and Safety Authority enforce the laws in factories and building sites etc.

How do I make a complaint about smoking in a workplace?

If your complaint was not dealt with satisfactorily during your visit to a premises, contact your local Environmental Health Service within the HSE or call the OTC compliance line: 1890 333100 

Outdoor Smoking Areas

As an employer, do I have to provide an outdoor smoking shelter?

No, an outdoor shelter may be provided at the discretion of the employer and is subject to the requirements of the legislation

What are the laws regarding smoking shelters?

Shelters will meet the requirement of the legislation if they are either:

• completely uncovered by any roof, or
• 50% of the perimeter is open

Further advice should be sought from your local Environmental Health Service

How close to an existing building can I put a smoking shelter?

There is no minimum distance but any outdoor shelter or designated area for smokers should be far enough away from the building to prevent smoke entering the building

Sales

What is the legal age for sales of tobacco products?

Persons who sell tobacco products must not sell any product to persons under the age of 18

What is a tobacco product?

Cigarettes, cigars, hand rolled tobacco, pipe tobacco and cigarette papers

As a seller of tobacco products, what are my responsibilities?

• To ensure that persons under the age of 18 are not permitted to purchase tobacco products from your premises, this includes vending machines
• To ensure that staff are trained in their legal responsibilities
• To ensure that staff are trained to check for proof of age
• Display signs stating that tobacco products will not be sold to under-18’s

Further information regarding all of the above can be obtained from your local Environmental Health Service, HSE or the Office of Tobacco Control (www.otc.ie)