Order on smoking in public places. How to draw up an order banning smoking in an organization

Research shows that workers who smoke take three more sick days each year than non-smokers. Having summarized the results of 27 studies in which more than 70 thousand workers were surveyed, scientists found that smokers get sick more often and for longer.

There is evidence to suggest that because of illness, smokers are 30% more likely to be absent from work than non-smokers, and are absent from work 2.74 days longer over the course of a year.

Former smokers also take sick leave more often than those who have never smoked. However, they get sick less often than those who never quit this bad habit, which allows us to conclude that the fight against smoking and carrying out appropriate work with personnel can be economically beneficial for the company.

Scientists from the University of Nottingham have calculated that if the results of their research were applied to the population of the whole UK, the annual losses incurred by companies due to the fact that their employees spend more time on sick leave would reach 1.4 billion pounds. These figures, however, do not take into account other losses, including time lost on smoking breaks.

On June 1, 2013, Federal Law No. 15-FZ dated February 23, 2013 “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption” (hereinafter referred to as the Law) came into force, prohibiting smoking in workplaces and work areas.

However, an employee who violates the provisions of this Law cannot be fired for the very fact of violating the Law. At the same time, an employee can be fired for failure to comply with the employer’s local act communicated to employees, internal labor regulations and/or gross violation of fire safety rules. To do this, the local act of the employer, brought to the attention of employees, must contain a ban on smoking outside designated special smoking areas (clause 3, part 1, article 10 of the Law, clause 14 of the Fire Regulations in the Russian Federation, approved by the Decree of the Government of the Russian Federation dated 04/25/2012 N 390) and outside the time established by the employer for smoking breaks (Article 107 of the Labor Code of the Russian Federation). An employee who violates such provisions is subject to disciplinary action in accordance with the rules of Art. 193 of the Labor Code of the Russian Federation. If the employee has a disciplinary sanction, the employee can be deprived of a bonus (in whole or in part) as for failure to comply with one of the bonus conditions established by the company’s regulations on wages and bonuses, or dismissed under Part 5 of Art. 81 of the Labor Code of the Russian Federation. These conclusions are confirmed by judicial practice.

So, appellate ruling St. Petersburg City Court dated August 20, 2012 N 33-11236/2012 It was refused to satisfy the claims of T., who went to court to recover the unaccrued and unpaid portion of the premium. Refusing to satisfy the claims, the court came to the conclusion that T., in violation of the internal labor regulations, smoked in an unspecified place during working hours, i.e. violated labor discipline, for which the Regulations on Bonuses provide for a reduction or deprivation of the bonus. In this case, the choice of liability is at the discretion of the employer.

According to clause 3.4 of the defendant’s internal labor regulations, employees are prohibited from smoking in undesignated places (smoking areas are designated by “Smoking Area” signs).

During the consideration of the case, plaintiff T. did not dispute that he smoked in an unspecified place, namely in the rest room, which is not a place for smoking, pointing out only that smoking took place even before the plaintiff began performing his work responsibilities, i.e. during non-working hours for the plaintiff, and the bonus for non-working time is not awarded. However, the plaintiff was unable to prove that he smoked before the start of his work shift, since “the plaintiff’s work shift began at 8 o’clock. 36 min., i.e. at the moment of passing<...>, and he smoked after that, for about 8 o’clock. 40 min."

Under such circumstances, the court came to the conclusion that the plaintiff smoked during working hours in an unspecified place, for which the employer had the right, which he exercised, to deprive the plaintiff of his bonus.

Appeal ruling of the Samara Regional Court dated September 4, 2014 in case No. 33-8824/2014 Ya.'s request to cancel orders for disciplinary sanctions (reprimand and reprimand) in connection with violation of local regulations of the employer, including for smoking on the territory of the employer (territory of a medical institution) - namely, in a garage located on the territory of the hospital was denied.

This fact was confirmed by witness testimony.

Y. was familiarized with the order banning smoking throughout the entire hospital territory upon signature. In connection with the entry into force of the Law, the requirement for employees, including Ya., to prohibit smoking on the territory of the hospital, where the garage is located, was established by the employer in accordance with the requirements of current legislation.

In this connection, the court came to the conclusion that it was legal to impose disciplinary sanctions against Ya.

In both cases considered, facts of violation by employees of the employer’s local regulations were identified and recorded properly, confirmed by witness testimony.

In the situation with D., it was possible to recognize as illegal the order to bring him to disciplinary liability in the form of a reprimand and reduce the bonus for length of service for smoking tobacco in the workplace, which was a violation of the employer’s local regulations.

However, during the trial, it was established that the official inspection report, on the basis of which the order was issued to bring D. to disciplinary liability, was drawn up by unauthorized persons; none of the commission members saw the fact of D.’s smoking, moreover, one of the commission members who signed the act, stated that he was forced to sign this act, and asked that his signature under it be considered invalid. Thus, the act is considered to be signed by only two persons.

Under such circumstances, this act cannot be indisputable and reliable evidence of violation of labor discipline and the basis for issuing an order to impose a disciplinary sanction on the plaintiff.

Since the act is inadequate evidence of D.’s guilt, the employer’s order to impose disciplinary sanctions on D. is illegal. ( Appeal ruling of the St. Petersburg City Court dated July 25, 2012 No. 33-10327/2012.)

In addition to violating the ban on smoking in the workplace by employees, the employer himself may be held administratively liable for violating the Law.

Article 6.25 of the Code of Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses) provides for liability for failure to comply with the requirements for a smoking ban sign, for the allocation and equipping of special places for smoking tobacco, or failure to fulfill obligations to monitor compliance with legislation in the field of protecting the health of citizens from the effects of environmental tobacco smoke. and consequences of tobacco consumption.

Thus, despite the establishment of special smoking areas, the organization was held accountable for violating clause 3 of Art. 6.25 of the Administrative Code, namely: for failure by a legal entity to fulfill its obligations to monitor compliance with legislation in the field of protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption in the territories and premises used to carry out its activities.

The organization allowed smoking in the locksmith workshop of the potassium production department of the caustic technical flake shop, where until December 23, 2013 a place for smoking was designated, while in this room there are workplaces and work areas, which is a violation of the requirements of paragraph 9 of part 1 of Article 12 Law, Article 25 of the Federal Law of March 30, 1999 N 52-FZ “On the sanitary and epidemiological welfare of the population.”

The organization’s argument about fulfilling the obligation to monitor compliance with legislation in the field of protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption in the territories and premises used to carry out its activities, namely the issuance of Order No. 108 of April 18, 2013 “On streamlining smoking areas” does not indicate that all measures depending on it have been taken to prevent violations, since the organization is not only obliged to establish or prohibit smoking areas in accordance with current legislation, but also to monitor its compliance.

Due to the failure to exercise such control, the court came to the conclusion that it was legal to hold the organization accountable. ( Resolution of the Seventeenth Arbitration Court of Appealdated October 7, 2014 N 17AP-10411/2014-Aku.)

However, there is a practice that allows smoking at work outside of specially designated areas.

Thus, the Office of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare in the Komi Republic (hereinafter referred to as the Office) brought the individual entrepreneur to administrative liability under Part 3 of Article 6.25 of the Administrative Code. The individual entrepreneur successfully appealed this decision. Disagreeing with the court’s conclusions, the Department filed an appeal, in which it indicated that, as part of an administrative investigation, on March 27, 2014, the Department inspected the premises of an administrative and industrial building owned by an individual entrepreneur. Based on the results of the inspection, an act dated March 27, 2014 was drawn up, from which it follows that during the inspection of the premises, the Department identified violations in the field of protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption, namely: on the second floor of the administrative and industrial building there is a women's toilet, which is not a smoking area, but does not contain information about the prohibition of smoking in the form of an appropriate sign; building employees smoke in this toilet, there is a saucer with cigarette butts on the windowsill, there is a persistent smell of tobacco smoke in all toilets and in the corridors of the building.

These circumstances served as the basis for drawing up on April 14, 2014 a protocol on an administrative offense under Part 3 of Article 6.25 of the Code of Administrative Offenses of the Russian Federation.

However, the court did not agree with the conclusions of the Department, pointing out that the provisions of the Law (Article 12) established a ban on smoking tobacco in workplaces and in work areas organized on premises. The installation of special smoking areas that meet the requirements of SP 2.2.1.1312-03 is at the discretion of the owner (owner) of the relevant premises.

The case materials do not contain either evidence that the toilet premises specified in the appealed decision are a workplace, or evidence that these premises belong to a work zone.

The argument of the appeal that there is a persistent smell of tobacco in the corridors of the building, which can also penetrate into workplaces and harm the health of non-smoking workers, is not accepted by the court of appeal, since the provisions of the Law are aimed at preventing the negative effects of tobacco smoke on human health. However, the smell of tobacco is not subject to regulation by this Law..

In connection with this, the Department’s appeal was rejected, and the decision of the court of first instance was left unchanged. ( Resolution of the Second Arbitration Court of Appeal dated November 7, 2014 in case No. A29-3682/2014.)

The issue of smoking electronic cigarettes in the workplace deserves special attention. Electronic cigarettes are not subject to regulation by the Law, because is not a tobacco product because it does not contain tobacco. This conclusion is also confirmed by Letter of the Ministry of Health of Russia dated April 29, 2013 N 24-4-7000984 “On electronic cigarettes.” Thus, this Letter establishes the possibility of smoking electronic cigarettes in the workplace.

At the same time, the World Health Organization classifies e-cigarettes as electronic nicotine delivery systems (ENDS) and notes that their use has not been sufficiently studied regarding safety and effectiveness as a treatment for nicotine addiction.

(Electronic nicotine delivery systems, including e-cigarettes. Report of the Secretariat of the Convention of the Parties to the WHO Framework Convention on Tobacco Control; FCTC/COP/5/13, WHO (18 June 2012).

Employees who are subject to disciplinary liability for smoking in the workplace quite often refer to smoking electronic cigarettes to avoid such liability.

Thus, an employee of a medical institution, Y., who was brought to disciplinary liability (the case discussed above) referred to smoking an electronic cigarette on the territory of the medical institution, citing the absence of an order from the employer prohibiting smoking of electronic cigarettes, but this argument was refuted by testimony according to which Y. smoked a tobacco cigarette, which was determined by the smell of tobacco smoke, and also when smoking Ya. threw the ash off the cigarette. ( Appeal ruling of the Samara Regional Court dated September 4, 2014 in case No. 33-8824/2014.)

Z., who was brought to disciplinary responsibility and works in fire and rescue departments, also referred to smoking an electronic cigarette in the premises of the fire department, namely in the garage. However, this argument was refuted by the written materials of the case, his own written explanatory note, as well as the testimony of witnesses. ( Appeal ruling of the Kaliningrad Regional Court dated June 19, 2013 in case No. 33-2406/2013.)

Thus, when adopting local acts related to smoking, as well as issuing orders to impose disciplinary sanctions for violation of such acts, the employer should take into account that:

To prevent employees from smoking electronic cigarettes in the workplace, a local act can establish a ban on smoking electronic cigarettes in workplaces and work areas, in addition to the ban on smoking tobacco. To avoid an appeal, this prohibition should apply only to the employee’s working hours, based on the requirements of Part 1 of Art. 91 Labor Code of the Russian Federation;

At the same time, the establishment of bonuses and allowances for quitting smoking or the payment of such bonuses only to non-smoking employees can be regarded as discrimination in the world of labor (in terms of establishing and changing wage conditions);

It is necessary to record the fact of smoking and strictly follow the procedure for bringing employees to disciplinary liability in order to avoid recognition of such involvement as illegal.

MKOU "Travninskaya secondary school"

ORDER

06.06.2014 No. 39\1

“On the ban on smoking at school”

In order to improve the culture of behavior, fire safety, property safety, improve the sanitary and epidemiological situation, adherence to the daily routine, as well as reduce the harmful effects of tobacco smoke on the health of students, staff and teachers of the school, implement the provisions of the Federal Law of the Russian Federation of February 23, 2013 “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption.”

I order:

1. Prohibit smoking of tobacco in the school building and on its territory.
2. Class teachers of grades 5-11 conduct classroom hours about the dangers of smoking and educational work about the smoking ban. Familiarize all students with the order and warn them about their responsibility for smoking in the school building and on its territory.
3. Class teachers hold parent and class meetings on this topic, warn parents of students about responsibility for the actions of minors.
4. The teacher on duty should pay special attention to the inadmissibility of smoking in toilets on school grounds.
5. Oblige the teacher on duty to conduct an investigation of each case of smoking: demand reports from teachers, and explanatory notes from students. The social educator must draw up a report on violation of this Order. It is mandatory to call the parents of students, informing them of violations of current legislation. In case of repeated violation of the order “On the ban on smoking”, send the investigation materials to the Commission on Minors' Affairs to take appropriate measures against the parents of minors.
6. Bring the order to the attention of all employees, and the Deputy Director for HR Ivleva O.V. will ensure control over the execution of the order.
7. E. G. Plakhina, who is responsible for the school website, should post information about the smoking ban at school and on the school website.
8. 8. approve the Regulations on banning smoking in the school building andin the surrounding area

Director MKOU " Travninskaya Secondary School" Prudnikova V.N.

The order has been reviewed by: Ivleva O.V.

I APPROVED

Director of MKOU "Travninskaya Secondary School"

_____________ Prudnikova V.N.

"_____"_______________2014

Position
banning smoking in the school building and in the surrounding area
1. General Provisions

These Regulations have been developed in accordance with the school Charter and serve to create a favorable environment for learning, safe conditions for staying at school, promoting a healthy lifestyle among students, developing cultural behavior skills, and a sense of pride in their educational institution.

2.Smoking ban conditions

2.1. According to the current legislation of the Federal Law of the Russian Federation of February 23, 2013 “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption,” it is prohibited to smoke:

• in workplaces, transport, sports facilities, cultural, healthcare and educational institutions, public spaces;
• in school premises (classrooms, toilets, staircases, basements);
• on the school grounds (porch and school grounds, limited by special fences).

2.2. Violation of the provisions of this article entails administrative liability in accordance with the law.

2.3. According to the Education Law, the school has the right to expel students for gross and repeated violations of the Charter, which include smoking, due to the threat of fire, and infringement of the rights of non-smokers.

3. Control and responsibility

3.1. Monitoring compliance with the regulations is carried out by the school administration, class teachers, and technical staff.
3.2. If a student violates this Regulation, measures are taken to correct the situation: a conversation with students or parents, in the presence of a social teacher or deputy director for VR.
3.3. Systematic failure to comply with the requirements of these Regulations entails bringing to administrative responsibility the parents of a minor or their substitutes.

3.4. In case of violation of this Regulation, the school administration has the right to apply disciplinary action to the parents (or their substitutes) of the student in the form of compensation for material damage to the school.

Parent Instruction Protocol

in the school building andin the surrounding area at the parent meeting “_____”________________________ 2013

Parents of ___"____" class have been familiarized with the Regulations

Student briefing protocol

according to the Regulations on the ban on smoking in school during the educational process and in the surrounding area

The Regulation “On the ban on smoking” was announced in the school building andin the surrounding area at the class meeting “_____”________________________ 2012

Students of ___"____" class are familiar with the Regulations

Smoking ban order — Recently, a quite popular administrative document in many organizations. What served as the basis for publication smoking ban orders and what information should be contained in such an employer’s request, we will discuss in this article.

Legislative basis for banning smoking in organizations and public places

In accordance with the Framework Convention of the World Health Organization on Tobacco Control in Russia, on February 23, 2013, the federal law “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption” No. 15-FZ was adopted.

Despite the fact that previously there were restrictions on smoking in public places, due to sanitary and fire safety rules, labor safety standards, this law established some innovations in this matter, and also systematized previous requirements. Thus, smoking is prohibited in a number of public places (Clause 1, Article 12 of the law). For example, the ban affected territories and premises:

• educational institutions;
• medical institutions;
• premises where social services and government bodies are located.

However, the owners of the premises are given the right to organize special areas for smoking (clause 2 of article 12 of the law).

Don't know your rights?

NOTE! If the employer is not the owner of the premises, then he cannot resolve the issue of organizing smoking rooms on his own - he will have to contact the owner of the property.

Thus, with regard to smoking at the enterprise, the employer has 2 options: ban smoking in the company at all or prohibit it everywhere except in specially designated areas. The employer’s will is formalized by a special order.

Sample order banning smoking at an enterprise

Single form smoking ban order in organizations is not provided for by law, which means that employers draw up such an order independently, based on the practice of maintaining personnel document flow and the documentation forms established at the enterprise. Traditionally smoking ban order includes the following information:

1. Name of the organization where the order is issued.
2. Date of publication, document number and brief content (for example, about the smoking ban).
3. The preamble, which leads to the main order and usually explains on what basis or for what purposes a specific order was issued (for example, in pursuance of the requirements of Federal Law No. 15-FZ dated February 23, 2013).
4. After the word “I order,” the employer’s specific requirements are listed. Moreover, if the enterprise does not have special places for smoking, then the order will be limited to a ban on smoking on the territory and premises of a specific organization, as well as an order for specific specialists to make appropriate changes to the internal documentation of the enterprise and familiarize members of the workforce with the order. If smoking areas are equipped, the order will be supplemented with a clause on the exclusive use of these areas for smoking. The same order may specify the sanctions applied to violators (reprimand, reprimand, deprivation of bonus, etc.).
5. Signs smoking ban order the head of the organization or an employee authorized by him.
6. Employees confirm that they have read the document by signing the order or in a special journal.

Thus, there should not be any difficulties in developing the above order. The main point that you need to decide is whether there is a complete ban on smoking or whether smoking is allowed in special places. Sample order banning smoking at an enterprise can be found on our website and used as practical help.

Download the order form

1. To prevent the impact of environmental tobacco smoke on human health, smoking tobacco is prohibited (except for the cases established by part 2 of this article):

1) in territories and premises intended for the provision of educational services, services by cultural institutions and institutions of youth affairs bodies, services in the field of physical culture and sports;

2) in territories and premises intended for the provision of medical, rehabilitation and sanatorium-resort services;

3) on long-distance trains, on ships on long voyages, when providing passenger transportation services;

4) on aircraft, on all types of public transport (public transport) of urban and suburban traffic (including on ships when transporting passengers on intracity and suburban routes), in places in the open air at a distance of less than fifteen meters from the entrances to premises of railway stations, bus stations, airports, seaports, river ports, metro stations, as well as at metro stations, in the premises of railway stations, bus stations, airports, seaports, river ports, intended for the provision of passenger transportation services;

5) in premises intended for the provision of housing services, hotel services, temporary accommodation services and (or) provision of temporary accommodation;

6) in premises intended for the provision of personal services, trade services, public catering, market premises, and non-stationary retail facilities;

7) in the premises of social services;

8) in premises occupied by state authorities, local government bodies;

9) at workplaces and in work areas organized on premises;

10) in elevators and common areas of apartment buildings;

11) on playgrounds and within the boundaries of areas occupied by beaches;

12) on passenger platforms used exclusively for boarding and disembarking passengers from trains during their transportation in suburban services;

13) at gas stations.

2. Based on the decision of the owner of the property or another person authorized by the owner of the property, smoking tobacco is allowed:

1) in specially designated places in the open air or in isolated rooms that are equipped with ventilation systems and are organized on ships on long voyages when providing services for the transportation of passengers;

2) in specially designated places in the open air or in isolated common areas of apartment buildings that are equipped with ventilation systems.

3. Requirements for the allocation and equipment of special places in the open air for smoking tobacco, for the allocation and equipment of isolated premises for smoking tobacco are established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of construction, architecture, urban planning and housing and communal services, together with the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of healthcare, and must ensure compliance with the hygienic standards established in accordance with the sanitary legislation of the Russian Federation for the content of substances emitted in the atmospheric air during the consumption of tobacco products.

4. For persons in pre-trial detention centers, other places of forced detention or serving sentences in correctional institutions, protection is provided from the effects of environmental tobacco smoke in the manner established by the federal executive body authorized by the Government of the Russian Federation in agreement with the federal executive body exercising the functions on the development and implementation of public policy and legal regulation in the field of healthcare.

5. To designate territories, buildings and objects where smoking tobacco is prohibited, a smoking ban sign is accordingly placed, the requirements for which and for the placement procedure are established by the federal executive body authorized by the Government of the Russian Federation.

6. State authorities of the constituent entities of the Russian Federation have the right to establish additional restrictions on tobacco smoking in certain public places and indoors.

To prevent the effects of tobacco smoke on human health and in accordance with Art. 12 of Federal Law No. 15-FZ of February 23, 2013, smoking is prohibited, in particular, in premises intended for the provision of household services, trade services, public catering, market premises, in non-stationary retail facilities, in workplaces and in work areas organized in premises. We will provide a sample order banning smoking in an organization in our consultation.

Drawing up a smoking ban order

In cases where smoking is prohibited in accordance with the requirements of Federal Law No. 15-FZ of February 23, 2013, the employer is not obliged to issue any additional organizational and administrative document on the smoking ban. The fact that smoking is not allowed in the office should be known to every employee. And ignorance of the law will not exempt you from responsibility. An employee may be fined in the amount of 500 to 1,500 rubles (Part 1 of Article 6.24 of the Code of Administrative Offenses of the Russian Federation). Although such a fine is not imposed by the employer.

At the same time, the employer has the right to remind employees of the current legislation prohibiting smoking in public places. Moreover, the employer has the right to expand the list of places where smoking is prohibited. For example, not only at workplaces and work areas, but throughout the entire enterprise. On the other hand, the employer has the right to allocate special places in the open air or in isolated ventilated rooms, unless federal or regional legislation prohibits this.

The smoking ban order is drawn up in any form. It states the ban on smoking in public places, as well as the existing penalties for violating the law. At the same time, the order may contain information about places specially designated by the employer where smoking is permitted. A smoking ban order often involves changes to the employer's internal labor regulations. In this case, smoking in the wrong place will be regarded as a disciplinary offense.

For an order banning smoking at an enterprise, we provide a sample of how to fill it out.

If drawing up an order banning smoking is the right of the employer, then designating areas, buildings and objects where smoking is prohibited is his responsibility. For this purpose, a sign banning smoking is placed (Part 5, Article 12 of Federal Law No. 15-FZ of February 23, 2013). Let us remember that it is a crossed out cigarette symbol placed in a circle with a red border. The requirements for the sign and the procedure for its placement are established by Order of the Ministry of Health dated May 12, 2014 No. 214n. Such a sign is placed at each entrance to the territory, buildings and objects where smoking is prohibited, as well as in public places, incl. toilets. Moreover, if an employee is fined for smoking in an unauthorized place, then both the employer and his officials may be fined for failure to comply with the requirements for the smoking ban sign (