Smoking at work: rights and obligations of the employee and employer

Smoking during working hours is the cause of many disputes between employees and superiors. It is possible to resolve this dispute only by understanding the basic concepts and definitions related to this topic and studying the regulatory documents governing the relationship of the parties in this issue.

Smoking is a fairly common habit, largely due to the fact that nicotine addiction is quite difficult to overcome, and, unfortunately, many are not able to cope with it and give up daily “smoke breaks” both at home and at work.

But in addition to harming one’s own health and the health of those around him, this habit, as some employers believe, also has a detrimental effect on the work process, since minutes spent on a cigarette unnoticed by the employee can add up to hours missed from the daily work routine. Therefore, there are certain rules for smoking during working hours.

The legislative framework

Smoking in the workplace is prohibited by law, regardless of who or where the person works. By law, the employer has the right to issue an order to completely ban smoking on the premises of the enterprise. Such an order can not only prohibit smoking at work, but also regulate this process, for example, indicate the places allowed for this, determine the time of smoking breaks and other details. Since the order is drawn up in any form, the manager can indicate in it information that is relevant for a particular organization.

Smokers

If smoking on the territory of the enterprise is not prohibited, then the employer is obliged to organize places adapted for this, guided by the Federal Law and existing regulations. These include:

• Federal Law 15-FZ of February 23, 2013, which sets out the main provisions for protecting people’s health from the consequences of consuming tobacco products and smoke;
• Order of the Ministry of Health of the Russian Federation No. 786N dated November 28, 2014 , which sets out the requirements for the organization and equipment of places intended for smoking (both indoors and outdoors);
• Order of the Ministry of Construction of the Russian Federation No. 756 dated November 28, 2014 , which also sets out the basic requirements for the arrangement and equipment of isolated rooms or smoking areas.

In addition, it is necessary to rely on the current sanitary standards and regulations drawn up by the Ministry of Health, and fire safety rules from fire inspection authorities.

Smokers are unlikely to be able to challenge the ban on smoking at work, since organizing smoking rooms is the right of the employer, but not his responsibility .

Types of breaks at work

All work breaks can be divided according to several criteria. So, according to the scope of specialties, they are:

• general – these apply to each employee;
• specialized - that is, relating only to selected categories, for example, nursing mothers or representatives of certain professions for which the need for pauses is associated with the peculiarities of working conditions.

Another division is mandatory, according to which there are pauses:

• mandatory - they must be installed, and if the employer does not provide them, this may become a reason for litigation;
• recommended - they are installed at the request of the employer.

Finally, breaks are divided according to whether they are included in working hours, paid or not. Everything is simple here - there are breaks that are included in it and those that are excluded.

Requirements for smoking areas at the enterprise

The main requirements for smoking areas in an enterprise are that, regardless of whether the smoking room is located outside near the building or indoors, it must be isolated from other rooms in such a way that smoke and odor do not penetrate into them. We are talking about both production premises and offices in which the work process is carried out, as well as sanitary premises (canteens, public bathrooms, recreation areas, assembly halls, first aid stations, etc.).

The requirements for smoking areas are determined by sanitary and fire standards and relate not only to the placement of smoking areas, but also to their equipment. All requirements for the allocation and equipment of outdoor areas and isolated smoking rooms are set out in Order No. 321 of the Ministry of Health of the Russian Federation and the Ministry of Regional Development of the Russian Federation dated July 31, 2013.

General requirements for smoking rooms

It is advisable to locate smoking rooms and areas in specially designated areas, located so that they are not only isolated from industrial and domestic premises, but not even adjacent to them. The organization of smoking areas is prohibited at a distance closer than 5 meters from the production area. But it is also impractical to locate smoking rooms too far away, since workers will need to spend additional time just to get to them.

Smoking area

To save working time, the optimal distance from the workplace has been determined, which is:

• up to 75 m indoors;
• up to 150 m outdoors.

If smoking is prohibited in a room or facility, then organizing a smoking room is also prohibited.

Smoking area

Premises or areas for smoking are provided in enterprises with more than 200 employees. Equipping a special room or site will help prevent employees from violating fire safety rules and smoking in the workplace.

Equipment for a smoking area requires the presence of:

• sources of artificial lighting;
• a working fire extinguisher;
• ventilation system;
• ashtrays, urns;
• tightly closing door;
• a special sign “Smoking area”.

The area and number of places in the smoking room are calculated based on the number of employees and production feasibility.

No smoking

List of places where smoking is prohibited:

• buildings and territories belonging to youth organizations, as well as organizations providing educational services, cultural and sports institutions;
• buildings and adjacent areas related to medical institutions, sanatorium and resort complexes;
• all types of public transport, premises of bus stations, airports, metro stations, as well as all infrastructure located in the open air at a distance of 15 meters from the entrance (ports, metro, bus stations, airports);
• premises intended to provide temporary housing (hotels, hostels, dormitories);
• in shops, trade pavilions, on the territory of markets and in other premises where household and trade services are provided;
• premises belonging to public catering establishments;
• premises in which social services, state and municipal authorities are located;
• gas stations;
• children's playgrounds, beaches;
• entrances, staircases, elevators and other common areas in residential apartment buildings;
• workplaces, production area at the enterprise.

Forbidden

In addition, according to fire safety rules, smoking is prohibited in hayfields, warehouse areas and grain receiving points. The smoking ban also applies to enterprises involved in the extraction, processing and storage of explosives and flammable substances.

Documentary regulation of breaks

Breaks should be regulated in detail by internal regulations, which indicate at what time they are provided, as well as how long they last. The same rules also list those jobs for which breaks for rest and food cannot be provided. If the job is one of these, then it will be necessary to ensure that the employee can take food directly during working hours.

But the lunch break is the easiest thing. Much more difficulties arise with the regulation of other pauses, which should also be provided for by the rules. All small smoke breaks, tea breaks and walks along the corridors - should they be decisively suppressed, or do employees still have the right to them? It depends on the specifics of the work, but this is what Article 109 of the Labor Code talks about. Mainly, such breaks are needed if the work is office and involves interaction with a computer - for example, the appendix to the Sanitary Rules and Standards recommends alternating work with and without the use of a computer. Accordingly, if there is no such rotation, the employee needs regular breaks, and they are included in working hours.

We have described the rights of employees, and it would be good if they used them and nothing more, however, in reality, everyone works with different efficiency, and some also tend to rest more than necessary. At every enterprise, management has to deal with the problem of uncontrolled interruptions that reduce work efficiency. Employees simply gather in a smoking room or somewhere else, often in groups, and do not work for a long time, arguing that they are taking a legitimate break. Over time, the number and duration of such breaks only grow, and they can last longer than the work itself. It is very difficult to combat such abuses, especially since a bad example is contagious, and if several such workers appear, then most of the rest will soon begin to neglect their duties to one degree or another - the level of labor discipline will drop.

To prevent this, it is necessary to strictly regulate breaks and prevent excessive use of them by employees. Their total duration during office work at a computer should be within 40-80 minutes with a standard working day.

Such parameters should be indicated in the schedule; if necessary, separate instructions from management can be added to them. Employees are familiarized with all these documents, they sign, certifying that they know and accept the rules, after which failure to comply will be fraught with disciplinary action. Systematic violations can even lead to dismissal.

In the rules, breaks can be defined either strictly based on time, for example, setting a break of 10 minutes at the end of the hour every two hours: from 9:50 to 10:00, from 11:50 to 12:00, and so on, or or floating. The first option is more convenient for monitoring employees if discipline is not at the proper level. If it turns out that it is already 10:20, and they are in the smoking room, then the offenders will not be able to say that they have just arrived, because there is a clearly established time at which they must be in it. The second option is suitable for more democratic companies, but in this case you can also use time tracking services for computers, with the help of which you can monitor that employees do not rest excessively.

Smoking is a separate topic; it’s not for nothing that breaks are often called smoke breaks, but because very often they are required by smoking employees. At the same time, it is far from a fact that such an employee will take fewer breaks for other needs; as a result, in reality, the useful time spent will be reduced even more. According to the Labor Code, smoking breaks - and now we mean specifically the time for smoking - are not provided for, which means you can freely fight them. Various techniques are used to fight:

• bans on smoking within the boundaries of the enterprise are fraught with the fact that employees will be forced to leave the enterprise, and even greater losses of time;
• fines;
• incentives for non-smokers;
• increasing the length of the working day for smokers - then breaks to smoke will be accepted on an equal basis with others, but those employees who use them are forced to stay in the office longer.

Special Requirements

According to sanitary and fire safety requirements, special smoking areas must be well ventilated, regardless of whether it is a closed room or an outdoor area. It is necessary to comply with the standards specified in SanPiN 2.1.6.1032-01 regarding the permissible concentration of toxic substances and environmental pollution.

In addition, the smoking area, regardless of its location, must be equipped with a special “Smoking area” sign, made in accordance with GOST. The 20 x 20 cm indicator is made of heat-resistant plastic and is positioned so that it is easy to see.

For isolated smoking rooms

When setting up a smoking area, it is necessary to prevent tobacco smoke from penetrating into adjacent rooms. To do this, it is necessary to install a built-in ventilation system. Its power is determined by the area of ​​the room and sanitary standards:

• in the cold season, the temperature in the smoking room should not fall below +16⁰С; for the warm season, there are no standards regarding temperature;
• air exchange from 10 m3/h.

In addition, the following requirements apply to smoking rooms equipped in industrial premises:

• walls, floor, ceiling and other elements of the room must be made of non-combustible materials;
• the furniture in the room must comply with fire safety measures;
• trash cans and ashtrays are made of metal;
• if there are flammable surfaces or objects in the room, they must be treated with fire-resistant compounds;
• The room should have a stand with information materials about the dangers of active and passive smoking.

If office premises are located in a residential building, then in order to set up a smoking room, you must obtain permission from the residents. To do this, a meeting is held at which the issue is resolved by voting.

For outdoor smoking rooms

If the enterprise decides to equip a smoking area in the open air, then the requirements are somewhat different. In this case, there is no need for a ventilation system or installation of doors. Otherwise, the set of requirements is the same as for an isolated room.

In addition, outdoor smoking areas must be located in such a way that employees moving around the enterprise do not have to constantly pass by them.

On open air

One of the most common and convenient options for arranging a smoking area at an enterprise is the installation of outdoor pavilions. Since there are no regulations regarding the size or design of such pavilions, they can be custom-made and best suit the needs of employees of a particular organization.

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.

How often can you go on a smoke break?

The Labor Code does not regulate the time that can be spent smoking at work. Even if there is no restriction or ban on smoking in the organization, the employer is not obliged to provide separate time for smoking breaks. He must provide employees only with a break for food and rest, the duration of which is determined by the local regulations of the organization and the employment contract and can range from 30 minutes to 2 hours. The employee can use this time as he wishes, including spending it on going to the smoking room.

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!

Responsibility of employer and employee

Liability for violation of legal requirements regarding the use of tobacco products is regulated by the Administrative Code (Article 6.24). For smokers, it provides the following penalties:

• for smoking in an unauthorized place – 500 – 1,500 rubles;
• for smoking on the playground - from 2,000 to 3,000 rubles;
• if persons under the age of majority are involved in the smoking process - from 1,000 to 2,000 rubles;
• if a child starts smoking on the initiative of the parents, they will have to pay from 2,000 to 3,000 rubles.

Article 6.25 of the Code of Administrative Offenses also provides for punishment for those who are obliged to monitor compliance with legal requirements regarding the use of tobacco products (including for managers of enterprises):

• for failure to comply with the requirement to place special prohibitory signs or for detected violations committed during their placement, the management of the organization will pay a fine of 10,000 - 20,000 rubles, and the organization itself - from 30,000 to 60,000 rubles;
• if the area designated for smoking is not properly equipped, the fine for managers is 20,000 - 30,000 rubles, for legal entities - from 50,000 to 80,000 rubles;
• if there is no supervision over the implementation of the law banning smoking in public places, an individual entrepreneur will pay 30,000 - 40,000 rubles, a legal entity - from 60,000 to 90,000 rubles.

For rest and food

It depends on the length of the working day, and if it is a standard eight-hour shift, then usually an hour is given for a break. An increase may be necessary if the meal location is remote from the office and it takes time to get to and from the office. Or it is necessary for the employee to get home - such moments are regulated by agreement with the employer, and once again we note that this break is not included in working hours, that is, for example, if the working day lasts 10 hours and lunch is 2, then the time from leaving work before the end of the shift will be 12 hours. Moreover, since 2 hours of lunch time are not paid, the employee can use it as he pleases - it is not necessary to have lunch and rest.

A meal break is provided approximately in the middle of the shift, so if it lasts 8 hours, it is advisable to give it 4 hours after it starts. This is also stipulated by the internal regulations - a shift in one direction or another is possible, but within small limits, for example, to provide it three or five hours after the start of such a shift.

When working at a computer

If a person works at a computer, this requires stress on the body, and also leads to insufficient muscle activity. To minimize the harmful effect, it is recommended to take regular breaks during such work - approximately once an hour for 10-15 minutes, during which a person can stretch or take a walk. It is important, of course, that he does not distract other employees, but such breaks themselves cannot be prohibited.

Among other things, such a break will allow you to regain full concentration when returning to work, as a result of which things will go faster.

For warmth and relaxation

This type of break is established in Article 109 of the Labor Code and is classified as specialized. Designed for workers working in the fresh air or in unheated rooms at low temperatures. If the thermometer drops below minus 10, then you can work without a break for 10 minutes, at lower temperatures - 5. This should be followed by a rest in a warm room for 10 minutes. All these periods are included in the billable time. By law, the temperature in the relaxation area must exceed 21°C, and it is also necessary to provide the opportunity to warm the hands and feet. In addition, a hot lunch is provided if work is carried out in low temperatures, after which you can start work no earlier than 10 minutes later.

For feeding baby

If a worker has a child under the age of one and a half years, then she should be given time to feed him. It can be used every three hours, and the duration of the pause in operation is half an hour. Sometimes, if such circumstances arise (for example, the place of residence is remote from the place of work), the break may last longer. Its duration also increases if there is a corresponding doctor’s opinion. If there are several children at the indicated age, then the time for feeding them increases to an hour.

With a standard working day, two such breaks are required with a total duration of an hour. An employee can write an application to add these breaks to the lunch break or to move them both to the beginning of the day and to the end of it, that is, to shorten the working day at their expense. The employer is obliged to do this, and this time, regardless of whether it is taken several times a day or added up, must be paid.

If a child under the specified age is raised not by his mother, but by his father, other relatives, etc., then they are also granted these privileges.