This policy applies to all Council employees, agency staff, contractors, councillors and visitors, including the public, working at or visiting all directly managed Council buildings and their associated land, for example the car park at the Council Offices and public lavatories.  The policy also extends to plant and equipment used in a public place by Council employees or contractors, all vehicles owned by or under the control of the Council, either temporarily or otherwise, and all private vehicles when used for transporting colleagues and/or service users. 

The Policy of the Council is that vaping/using electronic cigarettes (e-cigarettes) is not allowed in:

• Any Council premises under its control, including any part which is substantially enclosed i.e. has a roof and the openings in the wall are less than 50%.

• Council vehicles.

• Vehicles used for Council business whilst colleagues or clients are being carried.

Vaping is permitted in:

1. Car parks and areas outside and away from the immediate environs of Council buildings which are not substantially enclosed, where exhaled vapour cannot enter buildings through open doors and windows and where working colleagues cannot be disturbed.
2. Private residential accommodation.

The use of e-cigarettes and any other electronic nicotine delivery device is not currently covered by smokefree legislation.  Smoking is defined clinically and in law and an e-cigarette does not meet either definition. 

This policy takes advice and guidance from Public Health England’s document ‘Use of e-cigarettes in the workplace – Advice to inform evidence based policy making.’¹ and the South East E-Cigarette Position Statement (2020)^2.

The Council acknowledges that Public Health England highlights that the current medical evidence suggests that vaping is significantly less harmful than smoking, may also be used as an aid to quitting smoking and that current evidence shows no risk of harm to bystanders from exposure to e-cigarette vapours and that the risks to their health are likely to be extremely low. However, the Council also acknowledges that the long term health effects of vaping and passive vaping are not known and that the exhaled vapours from e-cigarettes could potentially be a respiratory irritant to some people.      

• Use of e-cigarettes in public places and workplaces - GOV.UK (www.gov.uk)
• South East E-cigarette Position Statement

By implementing this Policy, the council will:

• Promote healthier lifestyles and a healthy work environment.

• Offer assistance or referral to support services for those who smoke and vape and wish to stop smoking.

• Ensure a working environment free of vapours and chemical emissions from e-cigarettes and other electronic nicotine delivery products which could have the potential to affect people with asthma or other respiratory conditions which can be sensitive to a number of environmental irritants which could include e-cigarette vapour.

• Ensure that all Council employees, agency staff, contractors, councillors and visitors, including the public visiting all directly managed Council buildings understand their obligations under this policy.

This policy covers all directly managed council buildings and their associated land including: community buildings, leisure/sport facilities (including bar areas), function rooms for private hire and administration offices.  Premises subject to a Council lease or the devolved management of Council freehold premises will not be covered by this policy, even though external signage may display the Council logo, for example Leisure Centres, notwithstanding their own legal responsibilities and obligations.

Vaping is not allowed in any vehicle owned or hired by the Council.  Employees are forbidden to vape in their own vehicle if they are transporting colleagues and/or service users.

Where a building is shared between the Council and a third party, the Council will request that the policy is adopted by other organisation(s) and that as a minimum, the policy is applied to all communal areas.  For avoidance of doubt any organisation sharing the Council Offices will be expected to follow this policy and bring to the attention of their employees.

The sale of any vaping products will be considered on a case by case basis for all directly managed Council premises

The Governing Bodies of Schools and Management Committees are asked to write their own vaping policy, which should as a minimum adopt the principles outlined in the Council Policy. However, all education establishments are encouraged to make their whole site vape free as part of its approach to employee and pupil health and wellbeing although an exception may be made for any caretakers’ house or other private residential dwelling on site.

Peripatetic working relates to employees who are required to visit premises away from the organisational workplace, whilst undertaking their duties.  This part of the policy relates to peripatetic working within people’s homes or any other premises.

Managers are required to include consideration of vaping and associated vapour when they undertake risk assessments of peripatetic workers required to enter non-Council premises.

Employees must not vape whilst visiting residents in their own homes.  Residents are entitled to expect that their own home environment will not be contaminated by the smell of vapours.

When entering a home where employees are exposed to smoking or vaping, employees are expected to make reasonable attempts to reduce their exposure by adopting one or more of the following strategies:

• Consider whether or not the work could be undertaken in an alternative location away or at a later date/time.
• Request that the premises be ventilated before/during the visit.
• Where possible, inform the client of the council’s policy in advance and request their co-operation in refraining from vaping whilst employee(s) are in attendance.
• Vaping clients will, wherever possible, be requested not to vape whilst our staff are present. This should form part of the agreed care plan.

Employees however, must not put themselves at risk in applying this policy.  Advice from the Line Manager should be sought if application of the policy poses any further risk.

In extreme circumstances care may be withdrawn from clients whose vaping creates a risk to employees.

Employees may not vape during work time, including during online video meetings.  However, Line Managers may agree breaks and any employees taking vaping breaks will do so in their own time and records for such breaks must be kept in accordance with locally determined time/flexi-time recording arrangements.  Employees on flexitime may only vape during non-core hours and must record the time taken as non-work time. Other employees may only vape during designated break times.

Employees may vape away from the boundaries of the Council premises, subject to the operational needs of their business area.  Employees who do vape must not be identifiable by identity badge or uniform displaying any Council logo or wording.  Employees are also discouraged from vaping in view of visitor areas, offices, meeting rooms, and any school or nursery facility. 

Appropriate ‘no vaping’ signs will be clearly displayed at entrances and in any Buckinghamshire Council vehicles.

Failure to comply with these recording requirements will lead to disciplinary action being taken.

For details of the council’s flexi-time scheme refer to The Source (shared intranet).

Employees are not permitted to charge e-cigarettes and other electronic nicotine delivery systems on Council premises or through Council owned computer equipment.

All employees, whether or not they assume management responsibilities, are required to support the application of this Vaping Policy to ensure that all colleagues, visitors, contractors etc. who enter or use directly managed Council buildings and associated land, Council vehicles, or plant and equipment in public places are aware of, and comply with the Council’s Vaping Policy.

If necessary, employees should politely advise people vaping to refrain from vaping whilst in Council buildings and associated enclosed land, or if necessary they should ask them to leave the premises.  However, they are not expected to enter into any confrontation, which may put their personal safety at risk.

Employees should inform the appropriate Line Manager of anyone who fails to comply with the policy.

The Council acknowledges the importance of securing the full co-operation of all employees in pursuing this policy.  Failure to comply with this policy could result in disciplinary action being taken against an employee in accordance with the Council’s disciplinary procedure.

The Council recognises that for some electronic cigarettes and/or vaping are used as one way to reduce or give up smoking cigarettes.  For those who are vaping as part of an attempt to reduce or stop smoking cigarettes there are also a number of support services that are able to offer help and advice for those wishing to stop:

• Live Well, Stay Well –offers free Stop Smoking Support programmes plus advice and information on pharmacological treatments such as free nicotine replacement therapy (NRT) or Champix on prescription. They also provide advice on how to handle withdrawal symptoms and can take carbon monoxide (CO) readings to measure carbon monoxide levels.

Website:https://www.healthandwellbeingbucks.org/how-can-i-quit-smoking

• NHS Stop Smoking Website

Provide advice and support and signposts to useful apps.

Website: Quit smoking - Better Heath - NHS (www.nhs.uk)

For employees wishing to stop smoking, the Council will support these individuals by exercising discretion around the flexi time scheme so that they can have up to 6 hours to attend any programme designed to help them to quit.  For monitoring purposes, employees may be asked to provide evidence of their attendance.

Complaints will be dealt with through the Council’s normal complaints procedure and/or disciplinary procedure, depending upon the nature of the complaint. Further information can be accessed via the online complaints form

This policy shall be reviewed and updated as necessary in accordance with legislation and will take account of any developments in the evidence base and/or any regulatory requirements.