Employers' responsibilities under the Public Health
(Restrictions on Tobacco Products) Regulations 2022
The new Public Health (Restrictions on Tobacco Products)
Regulations 2022 (the "Regulations"),
which came into operation on 31 May 2023, prohibits smoking in the
workplace and imposes certain notification obligations on
employers. The Regulations also deals with other non-employment
matters, which are not covered in this briefing note.
For the purposes of the Regulations, the 'workplace'
means any indoor area where employees perform their duties of
employment and extends to 10 metres from a door, window or other
opening in that area. It also includes any common area generally
used during the course of employment. The smoking restriction also
applies to other 'public places', and in some cases, it
extends to their outdoor areas. The list of those public places is
set out in the Regulations and includes any building to which the
public has access, health
