The possibility of smoking at work appears only when the employee takes the break he is entitled to – during this time the employee has free time and can spend it on his own needs (rest, eating, private phone calls or smoking cigarettes). Pursuant to Art. 134 of the Labour Code, if the employee’s daily working time is at least 6 hours, the employee has the right to a break at work of at least 15 minutes, included in the working time.

Free time for an employee will not always entitle him to smoke, especially when company policy is against it. Workplaces may apply their own internal regulations prohibiting the use of tobacco products (including electronic ones) on the premises of the enterprise. If the employee acts against these rules, he or she may be liable to the supervisor. It will be similar in a situation where there is no separate place for smoking in the company – despite the lack of a clear prohibition, the employee cannot take a cigarette break.

The employer’s consent to the fact that his employees may smoke cigarettes during their break is not sufficient for employees to exercise this right in any way. In other words, the supervisor must provide a designated smoking area for employees, otherwise he will run the risk of violating health and safety regulations.

Smoking cigarettes on the premises of the workplace where no appropriate place has been designated is a violation of applicable law. According to Art. 5 sec. 1 and 1a of the Act of November 9, 1995 on the protection of health against the consequences of using tobacco and tobacco products, it is forbidden to smoke tobacco products, including smoking innovative tobacco products, and smoking electronic cigarettes:

• on the premises of health care facilities of health care entities and in the premises of other facilities where health services are provided;
• on the premises of organizational units of the education system, referred to in the regulations on the education system, and organizational units of social assistance, referred to in the provisions on social assistance
• at the university;
• in the premises of workplaces other than those mentioned above;
• in the premises of cultural and recreational facilities for public use;
• in gastronomic and entertainment establishments;
• in public passenger transport and in passenger service facilities;
• at public transport stops;
• in the premises of sports facilities;
• in generally accessible places intended for children to play;
• in other premises available for public use.

The owner or manager of the facility or means of transport in which smoking and electronic cigarette smoking is prohibited, is obliged to place in visible places an appropriate verbal and graphic marking informing about the ban on smoking tobacco products and smoking electronic cigarettes on the premises of the facility or in the means of transport, hereinafter referred to as further information about the ban on smoking.

The current legal status in Poland allows employers to introduce a total or partial smoking ban on the premises of a specific enterprise. Moreover, the employer does not have to designate a smoking room in his company, even if he agrees that his employees smoke cigarettes. In this case, smoking is only allowed outside the company building (outdoors). Employees cannot in any way force their supervisor to designate special places for smoking in the company’s buildings, nor are they entitled to any claims in this respect. If the employee violates the smoking ban or smokes in the building (or outside the designated place), he or she is exposed to liability for breach of basic employee duties and health and safety regulations. The employer may then apply a sanction or dismiss the person from work under disciplinary procedure.

Source:https://poradnikprzedsiebiorcy.pl/-miejsce-dla-palacych-pracownikow-czy-to-obowiazek-pracodawcy

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