Vaping in the workplace

Want to know if you can vape in the office in France? We'll answer your questions.

Although the French Public Health Code considers that vaping and smoking are similar in many respects, you've noticed that you can vape in places where smoking is prohibited. Is this the case at work? It's best to have all the facts before you start. Failure to comply with the regulations could result in heavy fines, as well as problems for you and your employer.

You should know that the Public Health Code drafted Article L. 3513-6 in 2016 to determine the places where vape is prohibited. In 2017, the decree expanded on this, but also added places where vaping is permitted.

• Places Where Vaping Is Formally Prohibited

It is strictly forbidden to vape in educational establishments, as well as establishments catering for minors, so it is forbidden to vape in:

- public and private schools and colleges

- Apprentice training centers (CFA),

- Boarding schools

- hostels for minors

- Day-care centers

- Gymnasiums and other sports facilities for minors.

Please note that this ban applies to both indoor and outdoor areas. Don't smoke during recess, for example.

Similarly, it's forbidden to use your electronic cigarette in enclosed public transport, such as the bus, metro or streetcar. Finally, you're not allowed to vape in common, enclosed workplaces such as open spaces, meeting rooms, training rooms, refectories, lobbies, changing rooms, toilets, workshops and production lines, elevators, rest rooms... in short, any space reserved for employees.

Note that since the text put in place by the decree in 2017, employers are obliged to clearly display the regulations informing of the ban on smoking and vaping. Where applicable, vaper must rely on their company's internal regulations.

• Can I Vape at work?

On the face of it, smoking and vaping are forbidden in your workplace. That said, there are a few exceptions. Check with your employer to find out which exceptions apply.

Places where it's legal to vape at work:

- If you have an individual office that does not receive customers or colleagues

- Outside areas such as terraces, open parking lots, construction sites that do not present any particular danger...

- Smoking areas or rooms dedicated to vapers.

Of course, all these exceptions are subject to your employer's approval, and must be set out in the company's internal regulations.

• Penalties for breaches of regulations

First of all, you should know that the head of the company is entitled to prohibit vaping on his premises, even in areas authorized by law. However, he or she must clearly post signs to this effect, and mention it in the company's internal regulations.

Fines have been introduced for any offences committed by employees. Fines can be as high as €150 for non-compliance.

Employers are also required to enforce the law. The law states that the "person in charge of the premises is liable to a fine of up to 450€ if he or she does not post the required signs reminding people that vaping is prohibited".