Vaping at work – is this allowed?

Smoking cigarettes in the office is forbidden – but what about electronic cigarettes?

Vaping at work – is this allowed?
Cigarettes have been forbidden in public spaces and offices for a long time now in Switzerland. But what about e-cigarettes?

The history of cigarettes in Switzerland

Do you remember the times when smoking was allowed in all public spaces? Restaurants, trains, plans, bars … After being able to smoke wherever they wished, smokers were struck by a ban on May 1st, 2000. A new federal law became enforced, forbidding smoking in public spaces.

There were some exceptions, like bars or restaurants that could label themselves “smoking establishments” – but they needed to be no bigger than 80m2 and equipped with ventilation.

Another option was to install smokehouses, where waiters had to agree to it in their contract. Knowing that a ventilation system would cost over CHF 30,000, it became very dissuasive.

The different Cantons had the final word, and had the option to establish a law that was more repressive than the Federal one. Fifteen or so of them, amongst which Bern, Neuchâtel, Fribourg, Vaud and Valais went down this path. For more details, the OFSP made available cantonal laws, that were put in place following this general interdiction.

But why an interdiction ?

The interdiction had as primary goal to protect the health of the public, which was very exposed to passive smoking in public spaces.

According to the OFSP, the number of people exposed involuntarily for at least an hour a day diminished from 35% in 2002 to 5% in 2015. Quite a feat.

More than 10 years later, the impacts are very visible: studies have shown a significant reduction of certain illnesses linked to tobacco consumption – myocardial infarcts, and less hospitalization for chronical pulmonary diseases or pneumonia.

A study on the impacts of the tobacco regulations on respiratory and cardiovascular illnesses was published in 2009 and clearly demonstrates an improvement in the cardiovascular health of non-smoking employees that were exposed to passive smoking by working in such environments. The law thereby met its primary goal!

Are we going towards other interdictions?

As a reminder, smoking in train stations will be forbidden as of June 1st, 2019.

Let’s not forget that laws in application already have generated some disturbance, both for the community and the personnel: the neighbourhood of public spaces where smokers are forced outside to smoke their cigarettes have become noisier, you can find yourself alone at a table when all others have gone outside for a cigarette – the term de-socialization has even been used …

Laws for the following have not been established, but what could happen further?

• Smoking could be forbidden at home as neighbours are inconvenienced by smokers on their balcony. Certain buildings forbid smoking in all the premises already. As is the case for barbecues and other such nuisances.
• Smoking could be forbidden while driving, given the source of distraction and the fact that a fallen cigarette could endanger the wellbeing of all passengers. Social networks already see some lobbying in this direction.
• Smoking could be forbidden in the vicinity of spaces reserved for children, or in public parks for example.
• Smoking could be forbidden for the same reasons at bus stops or taxi halts, as will be the case on train docks very soon. Or at the terraces of restaurants or bars. And possibly in many other spaces too …

And what about e-cigarettes?

Currently, no law regulates electronic cigarettes in Switzerland, but one is in the making, as we have referred to in several of our blogs.

Indeed, they do not fall under the category of tobacco products, and are not subject to the federal law on passive smoking. It is therefore the responsibility of the owners of public establishments to put in place the rules they would like followed on their premises. For example, the federal rail (CFF/SBB) have decided to ban electronic cigarettes from their trains..

The upcoming law plans to include electronic cigarettes as tobacco-related products. By consequence, it would have to follow the law on passive smoking, which does not make sense to us. Indeed, it has been demonstrated that e-cigarettes to not generate any kind of passive smoking. We explained this in depth in a previous article that made a lot of noise when it was published.

It is totally conceivable that vaping may disturb others, as for example in a restaurant. Receiving a huge vape cloud in one’s face while savouring a delicious meal is no fun of course, even if it smells good. But should this not be left to the common sense of vapers themselves? A vaper using a pod or a standard e-cigarette is not going to “vaporize” the whole room in a matter of seconds ….

The way e-cigarettes are perceived by the majority has an influence of vapers’ behaviour. One is indeed already looked upon strangely when using ecigs in the street, which does lead to more discretion.

Wanting to vape while waiting for a plane in an airport forces vapers to go to the smoking rooms – the only place where it is allowed. But after 15 minutes in there, one can only exit with a sense of disgust and smelling like an old ashtray. One did not quite smoking just to be treated as smoker anyway …

In any case, we are forced to note that vapers align themselves very often on smoker habits already, whereby they usually vape where smoking is permitted.

You will have by now understood that in what regards vaping in offices, no law prevents it at the moment. It comes down to the owner / company to decide if electronic cigarettes can be tolerated in their establishment.

At Sweetch, it is obviously authorized. We know that vaping is 95% less toxic than smoking, that passive vaping does not exist, so why forbid this healthier alternative to smoking? Many if not all of our employees are ex-smokers, and are aware that they are better off vaping than smoking …

In addition, vaping is allowed in our shops, which is essential in order to permit our customers to test the equipment and e-liquids before buying them. Additional advantages are that employees no longer catch colds by smoking outside, and the smell is quite nice overall too.

The owner of a bar in Nyon told us that he tolerated vaping in his establishment as long as it did not annoy other patrons. Aerial vaping should in this sense be used with a lot of moderation. Tight vaping is far more discreet, but still requires to respect people standing nearby.

Other public establishments in Nyon do not accept it as they serve food. Their opinion is that it would disturb other guests. But many do not see it as a problem in their bars.

What about in your working environment? As vaper, have you already asked the question to your boss?

Conclusion

The law on cigarettes and passive smoking has become way harsher in recent years. It will continue to become ever more restrictive. Given our current knowledge on vaping, we have good hope that our authorities will not go down the same path in relation to electronic cigarettes.

Currently, electronic cigarettes are not regulated. It comes to owners of public spaces to make their own rules. The big question relates to how this will evolve in the future.

Dear Reader, thank you for your attention. We appreciate your interest in reading this article and your loyalty to our brand.

The sweetch team