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Application of the “Anti-Tobacco Law” in the workplace

With the recent approval of Law 42/2010 ( Law Antitabaco ) of 30 December which entered into force took place on  January 2, 2011 , several controversial changes introduced by it, which affect the scope of the workplace .

General and restricted ban on smoking in the workplace

First, in accordance with Article 7 a) of the Act prohibited smoking at public or private workplaces, except in outdoor spaces and head shops onlineWell, the first question that arises is what is meant by “space outdoors “in the context of the workplace, as this concept is only established referred to the field of hospitality, which is defined as ” any space uncovered or any space to be covered is surrounded laterally by a maximum of two walls , walls or walls. ” Consequently the first loophole in the law focuses on determining what is an” open space “in the field of workplace.

Notwithstanding the foregoing, in accordance with Article 7 s) of the Act left openthe possibility that the owner of a workplace smoking ban even in existing outdoor areas .

With the new law banning smoking in the workplace is full and restricted is not possible to ease its implementation by collective agreement.

Obligation to mark in the workplace smoking ban

In addition, the holder of a workplace has a duty to warn the entrance of the smoking ban , having signaled clearly and accurately through posters written in Castilian or in any of the official languages ​​existing in the respective Autonomous Community where the workplace in question is located.

Responsible, offenses and sanctions

On the persons responsible for committing violations, they may be both physical and legal . Generally will be responsible for payment of the fines the person who smoke in places where it is forbidden , except in some cases in which will also be responsible the owner of the establishment where it is produced .

Thus the holder of a workplace would be sanctioned with the following amounts:


Possible measures to be taken by companies

In view of the above, it is recommended, among others, the company adopted a series of measures that, given time, allow test the diligent performance of the company in compliance with the Act , such as: