Ban on smoking from 1 January 2010
01/01/2010
Workplaces and public places
Since 1 January 2010 protection against (passive) smoking has been enforced in a general regulation for smoke-free workplaces and enclosed places accessible for the public.Various existing laws have been lifted and their provisions adopted in the new updated law: public transport (1976), the food industry (1977), smoke-free workplaces (2005) and public places (2005).
Provisions
1. Smoking is prohibited in all enclosed places accessible for the public.
This means all places with access not limited to the family, in particular:
• public buildings
• stations
• airports
• public transport and suchlike
• businesses
• places where the public are offered services, foodstuffs or drinks (*)
• preventive or curative health establishments
• educational or occupational training establishments
• where performances or exhibitions are organised
• where sport is played
The smoking ban must be clearly promulgated and there may be no items present to suggest that smoking may be allowed.
Smoking may only take place in a fully enclosed smoking room clearly designated as such, with a surface area amounting to a maximum of ¼ of the total surface area. It must be provided with an efficient smoke extraction system or ventilation system, and discomfort caused by the smoke to non-smokers must be reduced as much as possible.
(*) For premises where only drinks are served there is currently an exception until 1 July 2014 at the latest. This exception does not apply for places serving drinks as part of a sports facility.
2. Smoke-free workplaces
Here the provisions of the law of 2005 are adopted (**):
• the right to a smoke-free workplace and social facilities
• the obligation to promulgate the smoking ban at workplaces, social facilities and on means of transport for shared personnel transport
• the obligation to take measures to also ensure that third parties enjoy the right to a smoke-free working environment
Also here there may be no items present to suggest that smoking may be allowed.
After consultation with the Committee a smoking room can be provided that may only be used as such. The room must be adequately ventilated or provided with adequate smoke extraction. Also after consultation with the Committee, rules must be put in place for access to this room to ensure that no inequality of treatment of employees originates. The employer and employees are both responsible for complying with these rules.
(**) The exceptions provided for in 2005 also apply here:
• rooms considered private at establishments for social service and in prisons
• private residences except places exclusively intended for professional use and where employees are employed.
• Licensed premises and gambling establishments (already mentioned above as public places; this exception expires on 1 July 2014 at the latest)
