Smoking area at the enterprise: requirements for 2021

At the beginning of the 21st century, this habit was recognized as a global tobacco epidemic. In Russia, in 2001, Law 87-FZ of July 10, 2001 came into force, which directly prohibits smoking in the workplace. Then the emphasis was shifted from prohibitive measures to stimulating ones. In 2008, the country acceded to the WHO Framework Convention on Tobacco Control to reduce mortality. A new law was passed. It enshrined a complete ban on smoking in all enclosed public places and limited the freedom of smokers outside public spaces to a minimum. The mission of Federal Law-15 dated February 23, 2013 can be clearly understood from its title - “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption.” The position of the legislator has not changed to this day. Despite numerous initiatives, in 2021 the government refused to introduce separate regulation for popular e-cigarettes and vapes. It was decided to leave all alternative “devices” for smoking in the area of ​​direct regulation of 15-FZ. The current legislation is fighting not against smokers, but against smoking.

Legislation and smoking: do's and don'ts

If you are an employer, then, regardless of the size of your enterprise, it is useful to know the basic rules of interaction with employees who smoke, the rights and obligations of the parties.

The law and regulations of various departments stipulate in detail the requirements for smoking areas in the enterprise. The latter will be of interest to you if you decide to organize one and it is not expressly prohibited by law. According to the current law, areas where smoking is prohibited based on the provisions of 15-FZ are:

• territories and buildings of all institutions providing educational services;
• territories and buildings of cultural institutions, sports and youth organizations;
• buildings and territories of the medical field, sanatorium and resort complexes;
• all types of public transport and its infrastructure indoors and in open areas less than 15 meters from the entrance (train stations, airports, metro stations, ports);
• premises intended for temporary stay of people (hotels, hostels, dormitories);
• premises and territories of all types of retail outlets;
• premises of state and municipal authorities, various departments;
• children's playgrounds, beaches, passenger platforms, gas stations, catering establishments;
• common areas of apartment buildings.

IMPORTANT!
The rights of non-smokers are protected here by fines. Their size ranges from 500 to 3000 rubles.

It is important for the manager of an enterprise, on the territory and in places where there is no direct ban on smoking, to remember:

1. If your enterprise employs more than 200 people, you will have to equip a smoking area.
2. Most likely, there will be several places: indoors and outdoors.
3. In other cases, the manager may prohibit smoking on the territory of the enterprise by his sole decision.
4. The Labor Code prohibits refusing to hire smokers. A refusal motivated in this way can easily be appealed in court.

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.

Smoking areas: standards and requirements

When organizing smoking areas at the enterprise, the employer should be guided by the law and current regulations of departments. Let's list the main ones:

1. 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.”
2. Order of the Ministry of Construction of the Russian Federation No. 756 dated November 28, 2014 “On the requirements for the allocation and equipment of special places in the open air for smoking tobacco, for the allocation and equipment of isolated rooms for smoking tobacco.”
3. Order of the Ministry of Health of the Russian Federation No. 786N dated November 28, 2014 “On the requirements for the allocation and equipment of special places in the open air for smoking tobacco, for the allocation and equipment of isolated rooms for smoking tobacco.”
4. Current SanPiNs, SP (codes of rules) of regulatory agencies.

For a smoking area in an enterprise, the requirements are both general and special. Let's look at them.

Smoking at work: new employer responsibilities

Smoking at work is not encouraged, but is often allowed. However, new changes in legislation are forcing many employers to look at the problem differently.

Federal Law No. 15-FZ dated 02.23.2013 “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption” (hereinafter referred to as Law No. 15-FZ), which entered into legal force on June 1, 2013 (hereinafter referred to as Law No. 15-FZ), introduced many new prohibitions and requirements, including for employers. Let's look at the fundamental differences that affected them.

In Part 2 of Art. 10 of Law No. 15-FZ for an employer (individual entrepreneur or legal entity) establishes a whole range of responsibilities related to protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption:

— comply with legislative norms in the field of protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption (no smoking regulations);

— monitor compliance with smoking ban regulations in areas and premises used to carry out their activities;

— ensure the rights of workers to a favorable living environment without environmental tobacco smoke and the protection of their health from the effects of environmental tobacco smoke and the consequences of tobacco consumption;

— provide citizens with information about activities aimed at implementing smoking ban regulations.

Now the legislation specifies a list of facilities where tobacco smoking is prohibited (Article 12 of Law No. 15-FZ):

1) in territories and premises intended for the provision of educational services, services by cultural institutions and institutions of youth affairs bodies, services in the field of physical culture and sports;

2) in territories and premises intended for the provision of medical, rehabilitation and sanatorium-resort services;

3) on long-distance trains, on ships on long-distance voyages, when providing services for the transportation of passengers (this provision comes into force from 06/01/2014);

4) on aircraft, on all types of public transport (public transport) of urban and suburban traffic (including on ships when transporting passengers on intracity and suburban routes), in places in the open air at a distance of less than fifteen meters from the entrances to premises of railway stations, bus stations, airports, seaports, river ports, metro stations, as well as at metro stations, in the premises of railway stations, bus stations, airports, seaports, river ports, intended for the provision of passenger transportation services;

5) in premises intended for the provision of housing services, hotel services, temporary accommodation services and (or) provision of temporary accommodation (this provision comes into force on 06/01/2014);

6) in premises intended for the provision of personal services, trade services, public catering, market premises, in non-stationary retail facilities (this provision comes into force on 06/01/2014);

7) in the premises of social services;

in premises occupied by state authorities and local governments;

9) at workplaces and in work areas organized on premises;

10) in elevators and common areas of apartment buildings;

11) on playgrounds and within the boundaries of areas occupied by beaches;

12) on passenger platforms used exclusively for boarding and disembarking passengers from trains during their transportation in suburban services (this provision comes into force on June 1, 2014);

13) at gas stations.

Question. Does the new law mean a complete ban on smoking on employer premises? Does an employer really not have the right to allow its employees to smoke on its premises?

Part 2 Art. 12 of Law No. 15-FZ allows, by decision of the owner of the property or another person authorized by the owner of the property, smoking tobacco:

1) in specially designated places in the open air or in isolated rooms that are equipped with ventilation systems and are organized on ships on long voyages when providing services for the transportation of passengers;

2) in specially designated places in the open air or in isolated common areas of apartment buildings that are equipped with ventilation systems.

Thus, the employer, if he is the owner of the building or premises, has the right to allow employees to smoke, but only in specially designated areas.

Here, perhaps, the employer has a new question: “Where can such a place be found and how should it be equipped?” Requirements for the allocation and equipping of special places in the open air or isolated rooms for smoking tobacco are established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of construction, architecture, urban planning and housing and communal services, together with the federal body executive power, which carries out the functions of developing and implementing state policy and legal regulation in the field of healthcare (Part 3 of Article 12 of Law No. 15-FZ). At present (obviously due to the recent entry into force of the new bans themselves), regulations establishing such rules have not yet been adopted.

Let us note that the law makes a reservation: the requirements for the allocation and equipping of special places in the open air for smoking tobacco must ensure compliance with the hygienic standards established in accordance with the sanitary legislation of the Russian Federation for the content of substances in the atmospheric air emitted during the consumption of tobacco products. However, there are so many of these standards and they are of such a specific nature that the employer, in the absence of regulatory regulation of the requirements for equipping smoking areas and if its officials do not have special education in the field of medicine and epidemiology, will not be able to independently and fully ensure compliance with all SanPiNs.

Thus, since there is no regulatory regulation of the requirements for equipping smoking areas, the employer, when allocating and equipping a smoking area in the open air, must ensure compliance with all existing sanitary rules and regulations that establish criteria for the safety and (or) harmlessness of atmospheric air to humans in urban and rural settlements, on the territories of industrial organizations, air in places of permanent or temporary residence of people, including maximum permissible concentrations (levels) of chemical, biological substances and microorganisms in the air (Article 20 of the Federal Law of March 30, 1999 N 52- Federal Law “On the sanitary and epidemiological welfare of the population”).

Question. What to do if the employer is not the owner of the building and premises? Does he have the right to allow his employees to smoke in a specially designated area?

Only the owner of the property (in our case, real estate) has the right to allocate a place in the open air for smoking. If the employer has leased premises, but has not received the owner’s decision to equip a special smoking area or to allow all tenant employees to smoke in a place already allocated by the owner, the employer does not have the right to allow employees to smoke on the leased territory.

Example 1

The bank, under a long-term lease agreement, leases office space from a federal state unitary enterprise, which owns the building with the right of economic management. The property management committee acts on behalf of the owner (and signed the lease agreement). Next to the porch of the building at the rear entrance in a fenced area, the bank itself had previously equipped a smoking area with a metal urn, lighting, and a sign indicating the smoking area. With the entry into force of Law N 15-FZ, in order to retain the right to use an already equipped smoking area, the bank must request appropriate permission from the owner, that is, in our case, an order/decision of the property management committee. Until this decision is received, the employer is obliged to prohibit its employees from using the smoking area described above. In practice, it is very difficult to obtain such permission from the property management committee, since the general policy of government bodies and structures is currently to actively implement the goal of reducing the popularity of smoking among the population.

In fact, the requirements of the law have already begun to be implemented locally.

Example 2

By order of the administration of the municipal district "Pechora" (MR "Pechora") dated 05/31/2013 N 470-r "On the ban on smoking tobacco in the premises of the administration of the MR "Pechora" it is prohibited from 06/01/2013 smoking tobacco in the premises located in the administration building of the municipal district" Pechora", with the simultaneous permission to smoke tobacco in specially designated areas in the open air. The heads of industry bodies of the administration of the municipal district "Pechora" were given an order to adopt local acts banning tobacco smoking in the premises of subordinate buildings and institutions. Not only employees of the administration sectors, but also the heads of services for rented premises in the district administration building were subject to familiarization with the administration’s order. That is, the owner expressed an opinion on allowing smoking in special places and extended his permission to include tenants of the premises.

Article 10 of Law No. 15-FZ gives individual entrepreneurs and legal entities the right to establish a ban on tobacco smoking in the territories and premises used for their activities, as well as, in compliance with labor legislation, to apply incentive measures aimed at stopping tobacco consumption by employees.

As you can see, the employer has the right to completely ban smoking on its territory.

Now the situation of smoking employees depends entirely on the employer, and therefore there are two possible options for implementing the provisions of the new law.

Since not all employees are legally educated citizens, in order to communicate to the team its decision, based on the right granted to it by Law No. 15-FZ, to introduce a complete ban on smoking in the building, the employer must:

— issue an appropriate order/instruction on a complete smoking ban;

— familiarize all employees (both smokers and non-smokers) with it under the personal signature;

— monitor the status of job descriptions, internal labor regulations and other documents for the presence in them of a reference rule on the employee’s obligation to comply with local regulations, instructions and orders;

— designate the territory, building and objects where smoking tobacco is prohibited by placing a sign prohibiting smoking (Part 5, Article 12 of the Federal Law No. 15-FZ);

- if a violation of the prohibition is revealed - punish within the limits of penalties provided for in Art. 192 of the Labor Code of the Russian Federation (reprimand, reprimand, dismissal on appropriate grounds).

The employer also has a number of measures at its disposal to influence the ruble:

— if an employee is brought to disciplinary liability and the enterprise has a bonus system, non-payment of a bonus to the violator is possible. To apply this type of impact, the relevant local regulations of the employer regulating the procedure for bonuses must provide for a procedure for reducing the bonus or not paying it at all (for example, in the case of unresolved disciplinary sanctions for the reporting period for calculating the bonus);

- in order to maintain a balance of “carrots and sticks”, when implementing a complete ban on smoking on the employer’s premises, you can introduce a system of additional payments for non-smokers, thereby encouraging a smoking employee to quit smoking and join the happy non-smoking recipients of additional payment. To introduce a system of additional payments, it will be necessary not only to increase the wage fund, but also to make appropriate changes to the procedure for remuneration, bonuses, payment of allowances, etc.

Question. In the situation of a complete smoking ban, smoking employees began to run outside every hour around the corner of the building to smoke. Can the employer punish them for this if they chose a corner of a neighboring building as a spontaneous smoking place?

Despite the fact that employees have chosen an outdoor area for smoking, it is not a specially equipped smoking area if the place does not belong to one of the facilities listed in Art. 12 of Law No. 15-FZ. The employees do not violate the law and cannot be held administratively liable. If employees smoke around the corner of a building owned by the employer and still on its territory (the territory adjacent to the building), then he has the right to bring them to disciplinary liability for violating the smoking ban order, job descriptions, etc.

If employees do not smoke on the employer’s premises, they can also be punished, but for absence from the workplace. However, even if the employee is absent from the workplace for 10 minutes every hour, such absence, although it will not constitute absenteeism, can still be classified as failure to fulfill his official duties. Of course, it will not be possible to dismiss such an employee immediately for such a violation, but if he accumulates a certain number of penalties over a couple of months, it will be possible to part with the employee on the basis provided for in clause 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation (for repeated failure by an employee to fulfill work duties without good reason, if he has a disciplinary sanction).

To achieve this goal, the employer will have to take much more actions than when imposing a complete smoking ban, including:

- seek permission from the owner of the building or premises (if the employer is not the owner) to allocate a smoking area. Regardless of the decision, a sign prohibiting smoking should be installed on the building (Part 5 of Article 12 N 15-FZ);

- after receiving the owner’s permission, allocate and equip a place for smoking in the open air: hang up a sign designating this area as a smoking area, place a trash can, etc. If the owner’s refusal is received, it becomes impossible to allocate a place for smoking;

— issue an order banning smoking on the entire territory of the employer, except for special places (list their location), warn employees about liability for violating the order;

— familiarize all employees with the order under personal signature;

— apply penalties to those employees who smoke in the wrong place. In this case, disciplinary liability will occur only for violation of the prohibitions established by the employer’s organizational and administrative documents (namely, the order on the allocation of special smoking areas and the job description of a particular employee, which stipulates the employee’s obligation to carry out orders and instructions from management).

Question. The employer's building is located in the central part of the city, the main entrance is located on the side of a large square, there is a back door, but it is closed for security purposes from illegal entry. Does the employer, following the requirements of Law N 15-FZ, have the right to allocate a place on the porch of his building directly in front of the entrance?

An analysis of the law leads to a negative answer to the question posed for the following reasons. Yes, the porch area is outdoors. However, given that the main flow of citizens enters the building through the central entrance, designating a smoking area here will not meet the purpose of this law - to protect citizens from the harmful effects of tobacco smoke. That is, contrary to the obligation imposed on the employer by Law No. 15-FZ, he will not be able to ensure the rights of employees to a favorable living environment without environmental tobacco smoke and the protection of their health from the effects of environmental tobacco smoke and the consequences of tobacco consumption. Therefore, the porch cannot become a special smoking area. As an alternative, such a place could be, for example, an area 10-15 m from the porch (provided that other requirements are not violated).

Article 23 of Law No. 15-FZ lists the types of liability that may follow for violation of the new law on smoking restrictions:

- disciplinary;

— civil law;

- administrative.

Disciplinary liability can only be provided for the employees of organizations themselves. To ensure the possibility of bringing to disciplinary liability, the employer’s local regulations, which all employees (including violators) must be familiar with, must indicate a complete ban on smoking on the employer’s premises or permission to smoke in a specially designated area. Moreover, by the time the said order is issued, this place must already be actually allocated and equipped.

Civil liability implies compensation for harm caused to the life or health of a citizen. However, the likelihood of this type of liability occurring both for the employer (for allowing smoking) and for his employees (directly for smoking itself) is extremely low.

For citizens, administrative liability is established only for smoking in carriages (including vestibules) of a commuter train, in places not designated for smoking on a local or long-distance train, or on a sea or inland waterway transport vessel, or on an aircraft with a flight duration of less than three hours. Since these vehicles may be a place of work for a very limited category of persons (driver, conductor, ship captain, pilot, flight attendant, etc.), only these persons, as employees, can be held liable under Art. 11.17 Code of Administrative Offenses of the Russian Federation. In practice, the most common offenders are citizens—passengers. However, given the size of the established fine - only 100 rubles, such liability scares few people.

Article 5.27 of the Code of Administrative Offenses of the Russian Federation provides for the general liability of the employer for violation of labor and labor protection legislation. So, for this violation, violators will face a fine:

- officials - in the amount of 1000 to 5000 rubles. (a repeated similar offense will entail disqualification for a period of one to three years);

— entrepreneurs — from 1000 to 5000 rubles. or administrative suspension of activities for up to 90 days;

— legal entities — from 30,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days.

The application of this article for violation by the employer of the prohibitions of Law No. 15-FZ is still doubtful due to the fact that no amendments have been made to the Labor Code of the Russian Federation (for example, to section 10 (Article 212 of the Labor Code of the Russian Federation) in the field of regulation of labor protection issues) regarding the employer’s obligations not only provide safe and healthy working conditions, but also protect workers from exposure to tobacco smoke, etc. Although the absence in the Code of Administrative Offenses of the Russian Federation of other rules on the responsibility of the employer in the field of labor organization implies liability only under Art. 5.27 Code of Administrative Offenses of the Russian Federation. Thus, there is still a theoretical possibility that an employer will be held accountable for improperly implementing the requirements of the smoking ban law.

Considering the “youth” of the normative act in question, the practice of holding anyone accountable for its violation has not yet developed.

It should be noted that now is the time for “irresponsibility,” as is usually the case when adopting acts introducing new prohibitions or stricter requirements: the ban is already in effect, and liability for its violation is either not provided for at all, or is too small, or is too general and requires details at the legislative level. Thus, at present the Code of Administrative Offenses of the Russian Federation does not contain rules on the administrative responsibility of a citizen for smoking in places where it is prohibited. Responsibility is established only for smoking in transport. And even then, the amount of the fine does not even serve as a deterrent; it is comparable to the cost of travel on the transport itself (some of its types).

The employer’s liability for violating the requirements of Law No. 15-FZ has also not been established, but bringing the employer to liability under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation for improper organization of smoking areas for employees is doubtful.

Thus, in order to fully implement the provisions of Law No. 15-FZ, it is necessary not only to establish and detail the responsibility of the employee and employer, but also to greatly tighten the sanctions. For example, establish the responsibility of a citizen (including as an employee) for smoking in the wrong place at the level of 2000-3000 rubles. And the employer’s liability for the absence of a sign prohibiting smoking in the building, for allowing smoking throughout its territory, and not in designated areas, should be set at 50,000 rubles or even higher.

Only in this case will it be possible to achieve an acceptable level of compliance with the requirements and prohibitions of the new law. Currently, there are already references in the press to various bills (not yet under consideration) in the field of detailing offenses and strengthening sanctions in the scope of the new smoking ban law.

Summarizing the considered issue of new bans and requirements in the field of tobacco use, we can highlight several differences between the old law “On restricting tobacco smoking” and the new “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption” (see Table).

Now the employer has the right to completely ban smoking on its premises. Moreover, only the owner of the building or premises is allowed to allow smoking on his territory. An employer, without being the owner of a building or premises, can organize a smoking area on the territory where he operates, only with the permission of the owner.

Smoking can be allowed on the premises only by allocating a special place for it; it must be in the fresh air or in a specially designated room. Special requirements for equipping a smoking area have not yet been established, but it must comply with sanitary rules and regulations. Based on the analysis of all the norms of Law N 15-FZ, the following conclusion can be drawn: the smoking area must be located in the fresh air in such a way that the smoke from smoking does not have a harmful effect on non-smokers, that is, it must be sufficiently far from the entrance to the building, windows building.

So far, penalties for violating the new law are too lenient for all employers to begin to accurately and immediately implement the provisions of this law.

An employee faces almost nothing from the state for smoking: a fine of 100 rubles. invisible and imposed only for smoking in transport. Disciplinary action can be applied up to and including dismissal if an employee is punished for smoking several times in a row.

Until the practice of holding people accountable for violating the requirements of the new law has not developed, it is too early to talk about the reaction of employers to it.

For an employer, taking into account the complex, largely incomprehensible requirements for equipping a smoking area, it is easier to completely ban smoking on its territory than to organize smoking areas and then maintain them in proper sanitary condition.

General requirements for smoking rooms

Smoking rooms and areas cannot be organized in canteens, first aid stations, public bathrooms and sanitary facilities. They should not be in rooms intended for workers' rest. It’s better if they don’t even coexist with them. Cigarette fumes should not penetrate into neighboring areas - domestic and industrial.

“Smoking rooms” are prohibited from being brought closer than 5 meters to the production area.

To save working time, it is recommended to place them at a reasonable distance:

• up to 75 m in office and industrial premises from the workplace;
• up to 150 m in street areas adjacent to the work area.

Dimensions and design features

It is possible to create two types of pavilions:

• Closed (with a roof and a separate entrance/door).
• Open (with a roof and fences on 3 sides).

In terms of capacity, structures can be designed for 1-2 people (small capacity), 2-4 (medium capacity) and more than 4 (large capacity).

The dimensions of the structures usually range from 1 × 1 meter or more (however, it is possible to create booths of smaller dimensions, since according to the standards the area should be from 0.2 square meters, no other requirements are specified).

A separate type of smoking pavilion can be called gazebos. They have the simplest design, but are also capable of fully performing the functions of a smoking room. The main feature is the absence of protective fences around the perimeter, due to which the product becomes more economical and easier to manufacture.

Manufacturing and installation

Smoking rooms are created on the basis of a metal frame, sheathed with cellular or monolithic polycarbonate with a thickness of 4-6 mm. Usually, benches are immediately installed inside, and, at the customer’s request, ballot boxes and stands for placing information materials.

During the production process, the main attention is paid to the fire safety of structures, however, outdoor pavilions will not require the installation of an additional ventilation system. All surfaces are finished using non-flammable materials, all paints and varnishes are treated with a special fire-retardant layer.

During installation, the distance of the structure from buildings and work sites is taken into account. Regulatory documents have restrictions on the distance of buildings: no more than 75 meters from the building itself and no more than 150 meters from workplaces at the production site.

The advantage of pavilions located on the street is that no additional foundation is required - the product is assembled on any flat surface.

Since the majority of structures are prefabricated, it is possible to ensure the replacement of individual elements and possible transportation to a new facility.

Manufacturing a smoking room requires an integrated approach, since the product consists of many components and each of them must meet the requirements of certain standards. The best option is to create such structures on a turnkey basis - this eliminates the risk of incorrect installation and allows you to increase the service life of the finished object.

Special Requirements

Smoking area at the enterprise, the 2021 sanitary and fire requirements are as follows. The main requirement of sanitary inspection services is that premises and open areas must be well ventilated. If there is a risk of tobacco smoke penetrating into adjacent rooms, “smoking rooms” should be equipped with a built-in ventilation system. For the power of ventilation systems operating in dedicated rooms, special sanitary standards are prescribed (SNiP No. 31-05-2003):

• standard air exchange is 10 or more cubic meters/hour;
• temperature in the cool season is at least +16 *C.

Fire inspection authorities also impose requirements on open spaces and smoking rooms:

• the walls, ceiling and floor in the smoking room are made of non-combustible materials;
• all flammable objects and surfaces are treated with special fire-resistant compounds;
• urns are made of metal;
• There must be a “Smoking Area” sign in the room. It is manufactured in accordance with GOST R 12.4.016-2001. This is a sign measuring 200x200 mm made of heat-resistant plastic.

Smoking areas outdoors and in isolated rooms

The ability to smoke is necessary for those who have this habit. However, this is only allowed where it is permitted. It must be remembered that the opportunity to smoke is not only a necessity for smokers, but also harmful to the health of those around them.

To reduce possible damage to health, smoking should be done in special places. There are two types of such sites: a special room or an outdoor site.

If there is such an opportunity at work, a separate room should be allocated for smoking. The legislation requires that it be equipped with the following:

1. The door in this room should be so tight that, if it is closed, no tobacco smoke or odor can penetrate through it.
2. The decoration of the room must be fireproof. This is necessary to prevent a fire due to an incompletely extinguished cigarette butt.
3. There must be ashtrays in the room.
4. Artificial lighting is required.
5. There should be a fire extinguisher here. It is necessary to monitor its serviceability and expiration date.
6. For high-quality smoke removal, supply and exhaust ventilation must be provided. It is important that the smoke does not penetrate into other rooms at all. The technical condition of the ventilation system is subject to requirements stipulated by SanPiN 2.1.6.1032-01.
7. In the place where employees will smoke, it is necessary to place promotional materials that are designed to combat smoking.

There are fewer requirements for setting up an outdoor space. They are as follows:

• a “Smoking area” sign must be installed;
• metal bins or ashtrays are required;
• if the site is used at night, it is necessary to have artificial lighting;
• In this place, a stand is needed that contains materials about the dangers of smoking.

Requirements for isolated smoking rooms

The number of smoking areas at the enterprise is determined by the number of employees and production feasibility. All indoor areas must be equipped with:

• artificial lighting;
• forced ventilation system;
• working fire extinguisher;
• ashtrays and trash cans;
• sign, sign “Smoking area (place)”;
• a thick door that prevents smoke from entering neighboring rooms;
• posters and printed materials explaining the dangers of smoking and promoting a healthy lifestyle.

General requirements

According to the law, a special smoking area will be required near an office or industrial building in which a large number of people work (over 100–200 people). There are two options for creating such zones - indoors and outdoors. We will take a closer look at how outdoor smoking rooms are properly equipped, since their manufacture and installation are quite simple, due to which they are widely used in various enterprises. In addition, such a street pavilion is not a permanent structure, and therefore will not require additional installation permits.

How often can you go on a smoke break?

The Labor Code of the Russian Federation does not directly regulate the time that should or may be allocated to an employee when performing his production or official duties. Smoking in the workplace is controlled only by Article 10 of the 15-FZ. This article allows smoking to be completely prohibited on the territory and premises of the employer. The legislator also welcomes the use of measures to encourage smoking employees to quit cigarettes. If smoking is not prohibited by internal regulations, then employees can use the time of short breaks and lunch for it. It makes sense to fit all smoking breaks into the standard rest time provided by law during the working day - 2 hours.

Requirements for a no-smoking sign and the order of its placement

Requirements of labor safety rules when performing guard duty

The smoking ban is indicated by a standard sign that is located at each entrance to the premises and premises. For example, a “smoking area” sign can be installed near a specially equipped pavilion.

General requirements include:

• the sign is made according to GOST requirements, usually from plastic or galvanized material;
• the icon is in the line of sight for passers-by and visitors to the institution;
• the vector sign is made in the form of a circle with a red border (the diameter of the circle is at least 200 mm, the width is at least 13.7 cm);
• in the center of the sign there is an image of a cigarette intersected by a red transverse stripe (such a sign is made from a graphic image representing three rectangles located from left to right);
• the image of the sign must be applied using various technologies;
• with the rules of the law, the smoking prohibited sign can be supplemented with various inscriptions, such as “No smoking”, “No smoking” or information about a fine.

The law establishes that a no-smoking sign must be placed at each entrance to the territory, buildings and facilities, and other public places where smoking is prohibited. Thus, GOST 12.4.026-2015 provides requirements for the “Smoking here” sign.

Legal entities and entrepreneurs have the right to install signs in additional premises, in addition to those specified in the law.

Smoking gazebo: main parameters and design features

A special gazebo for smoking has a simpler design than a pavilion, but its purpose is the same. The list of materials used to make the gazebo is also the same, with the only difference being that it is not covered with glass along the perimeter.

Gazebos are a more economical option, and therefore more popular.

If the pavilion most often has rather strict and simple design forms, then the gazebo is often made in a more original design and, in addition to its main purpose, also decorates the area where it is installed.

Photo 4 “Smoking pavilion K-1”