Home > Smoking policy > The smoking Policy 2008

1. Introduction

Smoking is harmful to your health, whether you are an active smoker or a passive smoker. On 1 January 2004, the right to a smoke-free workplace came into force. Employers are obliged to ensure that employees can work unhindered by tobacco smoke. This applies to both the private sector and the public sector.

The right to a smoke-free workplace is not limited to rooms, but also extends to all common spaces such as stairs, halls, passageways, lifts, toilets, waiting rooms, recreational spaces, canteens and such. An employer may create a closed work space for smokers, provided it does not cause any nuisance to the adjoining spaces. However, the employer is not held to create such spaces.

The Tobacco Act has provided for the possibility to make exceptions to the smoke-free workplace via further rules. An exception was for example for parts of catering areas intended for the public. The UT had a number of spaces with a catering destination falling under the exception and where smoking was allowed.

On 1 July 2008 the amended Tobacco Act came into effect and the exception for catering purposes was abolished. The whole catering trade became smoke-free as from 1 July 2008. Catering staff are now given the same protection as other staff. The measure applies to all catering establishments. They may provide for closed smoking spaces; however, staff is not allowed to serve food and drinks here. Smoking on terraces is allowed, as long as the terrace is not closed on all sides.

The Dutch Food and Consumer Product Safety Authority is charged with the supervision of the implementation of the Tobacco Act. If the Tobacco Act is violated, the Food and Consumer Product Safety Authority may impose a penalty ranging from € 300 to € 2400.