How to draw up an order banning smoking in an enterprise

In what cases is the document used?

The practice of banning smoking in enterprises is widespread today. This is due to the fact that company management pays great attention to protecting the health of employees and creating safe working conditions.

In addition, the introduction of taboos and restrictions on smoking is also influenced by legislative norms, which require a number of organizations to equip special premises for people who like to smoke, or even a complete ban on smoking.

In particular, smoking is prohibited in educational and medical institutions, as well as government and budgetary structures - smoking is prohibited here not only inside buildings, but also within the surrounding areas.

The law provides for an administrative fine for smoking.

Separately, it should be noted that if a company does not own the office (production workshop, warehouse, etc.) in which it operates, but only rents square meters, then it cannot influence the standards regarding smoking adopted here. If you want to organize a “smoking room,” you will need to contact the owner of the premises.

Smoking areas at the enterprise: requirements

If the organization is located on the ground floor of a residential building, then to organize a smoking room it is necessary to obtain permission from its owner. Since they are residents, they will have to hold a meeting with voting.

In general, when designating a smoking area, the following requirements should be met:

• mark it with an appropriate sign;
• place it on a smoke-proof door;
• put ashtrays;
• take care of the availability of lamps and ventilation systems;
• Maintain fire extinguishers in a ready state.

The provisions of SanPiN 2.1.6.1032-01 cannot be ignored. They concern the concentration of hazardous substances, irritating odors and air pollution.

https://youtu.be/GpswoFacIXE

Motives for creating an order

Rationale and basis are the two pillars on which this document rests and it is on them that the author of the order should rely.

Justification is an objective reason for creating a document; it is written after the words “In connection with...”. The basis is any specific document or legislative normative act, to which a direct reference is given in the order. In this case, the basis can be considered Federal Law No. 15-FZ “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption.”

Smoking ban order: how to issue it correctly

The most common bad habit is smoking.
They do this not only during leisure, but also at work. To limit the harmful effects of tobacco smoke and prevent other unpleasant consequences in the enterprise, the law provides for special rules.

One of them is the need to designate special smoking areas at work. For this purpose, a special order is drawn up and approved by the head.

[upto]

According to clause 2 of Article No. 6 of Federal Law-87, in order to reduce the harmful effects of tobacco smoke in the workplace, the employer is obliged to identify specially designated smoking areas.

In the absence of this document, a fine is provided for non-compliance with fire safety rules (Article 20.4 of the Code of Administrative Offenses of the Russian Federation):

• from 1 to 1.5 thousand rubles. – for citizens;
• from 6 to 15 thousand rubles. – for persons responsible for fire safety;
• from 100 to 200 thousand rubles. – for employers.

For violation of sanitary and epidemiological safety:

• physical persons – from 100 to 500 rubles;
• officials - from 500 to 1 thousand rubles;
• legal face – from 10 to 20 thousand rubles.

Additionally, the activities of a legal entity may be suspended for ninety days.

Accordingly, it is recommended that each enterprise issue an order banning smoking or allocating a special place for these purposes.

Requirements

There are special criteria for employee smoking areas:

• If the place is a room, then it should be an isolated room, located far from eating places, a first-aid post and places of rest. Cigarette smoke should not enter public places and poison others.
• The distance from the smoking area to the workplace should not exceed 75 meters, and for disabled people with musculoskeletal disorders - no more than 60 meters.
• Smoking rooms should not be less than eight square meters.
• If the number of employees of the enterprise is more than two hundred people, then a special room must be allocated. An open space away from employees will not work.
• Good ventilation must be installed in the smoking room so that tobacco smoke does not interfere with the work of other employees and does not negatively affect their health.
• Smoking areas should not be located near flammable materials in accordance with fire safety regulations.

An order on smoking in strictly designated areas must be issued at each enterprise, the document is approved by the manager.

The law does not contain a mandatory form and structure of such a document, but it must comply with the company’s document flow rules.

Main points of the document:

• Name of the organization;
• date of signature, document number;
• title (what the document says);
• on what basis is the order issued;
• the word “I command”;
• point by point essence of the order;
• designation of sanctions for non-compliance with the manager’s orders;
• manager's signature;
• signatures of responsible persons.

The order must indicate that smoking is allowed only in strictly designated areas, and also explain exactly where they are located.

To draw up an order, use ordinary white sheets of A-4 format or letterhead.

The order can be typed on a computer or written by hand. When using any of the options, errors, blots and corrections are not allowed, otherwise the document will lose its legal force.

The document is certified by the original signature of the manager or a person authorized to replace him and sign such documentation.

The document is always drawn up in a single copy. If necessary, you can reproduce it in the form of photocopies and have them certified.

We invite you to familiarize yourself with Reprimand and deprivation of bonuses in one order, reasons for non-payment of bonuses, drawing up orders to remove bonuses

conclusions

A number of conclusions can be drawn on this topic:

• In order to protect the health of employees and ensure fire safety, the employer has the right to prohibit smoking on the territory of the enterprise or to allocate specially equipped places.
• When hired, employees are familiarized with an order containing smoking areas by signature. For violations and non-compliance with the norms of the order, the employee can be held accountable.
• The smoking room must have good ventilation, special bins and be located in accordance with the fire safety rules of the enterprise.
• The law does not approve a special form of the order, but contains mandatory information in accordance with the rules of document flow of the enterprise.

https://youtu.be/SNd8kN6btFk

[upto]

You may also like

A sample order on smoking in an enterprise has recently become a popular request on the Internet. We will discuss below what caused this and what basic requirements are required for the preparation of this document.

Based on the World Health Organization Framework Convention on Tobacco Control, Russia has developed a number of measures to minimize harm to the health of citizens. For this purpose, 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” was adopted.

This regulatory act contains a set of measures to reduce the harmful effects of tobacco products. These measures include:

• prohibition of tobacco use in public places;
• pricing and tax policies aimed at reducing consumption;
• adjustment of the composition of tobacco products;
• applying warning labels and drawings to packages;
• educational activities;
• advertising ban;
• tobacco addiction treatment;
• limiting the illicit trafficking of cigarettes, as well as the volume of legal products;
• ban on selling products to children under 18 years of age.

Previously, similar provisions were present in various legislative acts in the fire, sanitary and labor protection areas. However, No. 15-FZ not only systematized existing requirements, but also introduced new ones. The rules for using tobacco in public places are now strictly regulated.

Smoking is prohibited (Clause 1, Article 12 No. 15-FZ):

• in educational, cultural and sports institutions;
• medical, rehabilitation and sanatorium-resort organizations (both indoors and on site);
• on ships and long-distance trains, during other passenger transportation;
• airplanes and public transport, as well as on the territory and in transport infrastructure buildings;
• hotels, hotels;
• social services;
• government premises;
• entrances and elevators of residential buildings;
• at workplaces;
• on beaches, playgrounds;
• public transport stops;
• Gas station, gas station.

However, paragraph 2 of Art. 12 No. 15-FZ provides some relief. The owner of the premises or territory may equip at his own expense special places or areas for smoking. They must be equipped so that tobacco smoke does not harm the health of others.

• Approximate structure of the Internal Labor Regulations

Such places can be located both inside the building and outside it. When placed indoors, the rooms are isolated. They should be equipped with a ventilation system, ashtrays, bins and special signs indicating the smoking room.

The employer can independently decide whether there will be a smoking area on its territory or whether there will be a complete ban on smoking.

But employees or visitors of an organization who like to “smoke” in unauthorized places can be fined. Although the Code of Administrative Offenses contains a rule that allows fines to be imposed on citizens, the employer himself cannot apply it.

However, if there is an order banning smoking on the territory of the enterprise, the employee may be subject to disciplinary action for violating the internal labor regulations.

We suggest you read: Where to go to divorce with children

1. complete ban on smoking;

2. creation of special zones.

You can entrust the development of a draft document to any qualified employee. Most often, this mission falls on the shoulders of a lawyer, labor protection specialist, personnel officer, or secretary.

The order has a standard structure and must necessarily contain:

• Name of company.
• Date, number and place of publication of the document.
• Introduction (preamble) - usually provides the purpose of the smoking order and references to governing regulations;
• The “I ORDER” block, which includes specific requirements of the employer.

If we are talking about the equipment of zones, it is necessary to indicate the proposed locations, the required equipment, and those responsible for the organization.

• Signature of the head of the company.
• A clause about familiarizing staff with the text of the document for signature.

But it is not at all necessary to put a stamp on the order on smoking at the enterprise (a sample will be given below). It will only be required if this is specified in the enterprise’s LNA, which is extremely rare.

Do not forget that after the document is published, adjustments will need to be made to the PVTR. Otherwise, it will not be possible to bring disciplinary action for a violation.

Some companies encourage a healthy lifestyle (fitness, hiking, walking, running), providing assistance in quitting smoking.

A sample smoking schedule is shown below.

The smoking ban is determined by Federal Law No. 15. The ban established in 2013 is still in effect today, as some questions remain open.

The law is designed to protect people's health and is designed to reduce the use of tobacco products. Therefore, fines are provided for individuals and legal entities for non-compliance with the law. They are imposed for smoking in cafes, restaurants, on staircases and other public places.

If the fine for individuals is determined by an amount of several thousand rubles, then for legal entities it amounts to tens and hundreds of thousands.

Our information

The requirements of the Russian Ministry of Health refer to the allocation and equipment of isolated rooms for smoking tobacco, equipped, among other things, with a supply and exhaust ventilation system with mechanical drive, ensuring the assimilation of contaminants released during the consumption of tobacco products, as well as preventing the penetration of polluted air into adjacent areas. premises.

I ORDER: 1. To prohibit smoking tobacco in the premises of building XXX (XXXXX street, building 00).2. Use specially designated places for smoking tobacco, organized...3. Apply disciplinary measures to violators of this order: reprimand, reprimand.

Features of the form design

If you are entrusted with the responsibility of drawing up an order banning smoking in an organization, we recommend that you familiarize yourself with our advice and pay attention to the sample document. First of all, let's give some general information.

The smoking ban order, like any other administrative act, does not have a standard form, so it can be written in any form or, if the company has a developed document template, according to its type. Both ordinary sheets of any convenient format (generally accepted - A4) and company letterhead are suitable for issuing orders. We accept printed and handwritten text (in the second case, it is important that there are no blots, errors or corrections).

When forming an order, only one important criterion should be met - it must be certified by the original signature of the director of the company (since orders are always written on his behalf) or an employee who is authorized in the prescribed manner to act on behalf of the director.

It is not necessary to stamp the order form - there is a need for this only when the norm for certifying the organization’s internal documents using various types of cliches is enshrined in its local legal acts.

The order is always generated in a single original copy , and if it needs to be duplicated, certified copies are made. Information about the document is entered into the administrative documentation journal.

Special places

If an employer accommodates his smoking employees and decides to maintain their habit, he will be faced with the question of how exactly to set up a smoking area and what actions should be taken to achieve this.

The smoking area must meet one of these two requirements:

• this place should be located outdoors.
  In this case, the construction of a canopy or gazebo or pavilion is allowed;
• The smoking area may be located in a closed area, for example, inside an enterprise in the form of a separate room or office. But in this case, it must be equipped with a powerful exhaust system that will quickly eliminate smoke from smoked cigarettes.

The smoking area must be marked with an appropriate sign notifying employees that smoking will be legal here.

It should be noted that the employer must treat the installation of a smoking area with full responsibility. Hanging a sign with the appropriate name of the room will not be enough. Any inspection will reveal that the premises do not comply with established standards. The smoking room, in addition to its internal equipment, must be located at a sufficient distance from the workplaces of other employees, as well as from premises intended for eating.

Sample document

When drawing up the text of the order, keep in mind that its structure and content must comply with certain unwritten rules of office work. In the header you need to indicate:

• name of company;
• title and number of the document;
• place (settlement) and date of its compilation;
• justification for creating the order (here you can refer to the protection of employee health).

The following is the main part:

• first of all, this includes the smoking ban itself, as well as the employer’s exact requirements (for example, smoking only in specially designated areas);
• the employees who must make changes to the internal regulatory documents of the company, familiarize other employees with the order, and also produce and place information sheets, plates and signs are indicated;
• Below is the employee responsible for executing the order and the basis for creating this order.

If necessary, the document can be supplemented with other information (about agreeing on common smoking areas with neighboring businesses, introducing disciplinary liability for violating taboos, etc.) - in general, act according to the circumstances.

Punishment for failure to comply with the health law

The law protects us from unlawful actions, and this 15th Law calls for protecting and protecting people’s health so that the number of smokers is reduced, thereby reducing the number of passive smokers. For non-compliance, fines are provided for both legal entities and individuals. They can be charged for smoking in an inappropriate place: a public place, on the stairs in the entrance