Do UAE Anti-Smoking Rules Include Vaping in Workplace Environments?

Introduction:

The UAE has taken significant steps to regulate the consumption of tobacco and tobacco-related products, including electronic nicotine devices like vapes, through its anti-smoking laws. This article explores the applicability of UAE anti-smoking laws to vaping, particularly within workplace environments. It also reviews key legal provisions outlined in Federal Law No. 15/2009 on Tobacco Control and Cabinet Decision No. 24/2013, and their implications for vaping in offices. Additionally, it highlights relevant aspects of the UAE Labour Law, which reinforces workplace health and safety regulations.

Federal Law No. 15/2009 on Tobacco Control:

This law serves as the primary legislative framework governing the use of tobacco products, including vaping devices and e-cigarettes, across the UAE. The term "Tobacco Products" under this law includes not only traditional tobacco but also vaping products and electronic nicotine devices.

Key ProvisionsArticle 5: Prohibited Acts

• Selling tobacco or vaping products to individuals under 18 is strictly forbidden.
• Smoking in private vehicles is prohibited if a child under 12 is present.
• Smoking is banned in educational institutions, health facilities, sports venues, and places of worship.
• The law forbids the sale of sweets and candies that resemble tobacco products and the use of automatic vending machines for the sale of tobacco and vaping products.
• Importantly for workplaces, smoking and vaping in enclosed public spaces are strictly prohibited unless designated areas have been specified by the competent authorities.

Article 7: Smoking in Closed Public Spaces

• Smoking and vaping are strictly prohibited in closed public spaces, including offices.
• However, the law allows for the establishment of specific smoking/vaping areas, provided they meet the conditions of the Implementing Regulation, including ventilation and isolation requirements.

Article 11: Cafes and Tobacco Service

• Cafes serving tobacco or vaping products near residential areas face restrictions. These include licensing conditions determined in collaboration with the competent authority and regulations regarding the minimum distance from residential buildings.

Penalties for Violations (Articles 13 and 16)

• Violators of tobacco control laws can face serious consequences, including fines ranging from AED 100,000 to AED 1,000,000 and imprisonment for up to two years for repeat offences.
• For minor offences such as smoking in prohibited areas, an immediate fine of AED 500 can be imposed, escalating to higher fines for non-compliance.

Cabinet Decision No. 24/2013: Implementing Regulations of Federal Law No. 15/2009

This Cabinet Decision supplements the Tobacco Control Law and provides more detailed guidance on where smoking and vaping are banned, as well as the creation of designated areas.

Article 11: Public Places Where Smoking is Prohibited

• Vaping, like smoking, is prohibited in educational institutions, health facilities, places of worship, and public transport. Additionally, enclosed office spaces also fall under this provision, making it clear that vaping is not allowed unless a designated area is provided.

Article 12: Smoking Areas in Closed Public Places

• For office environments, specific conditions are outlined for designating smoking and vaping areas, focusing on safety, isolation, proper ventilation, and size. Such spaces must ensure the safety of non-smokers and comply with ventilation and health requirements.

UAE Labour Law and Workplace Regulations: Article 13 of Federal Decree-Law No. 33 of 2021

Requires employers to take necessary measures to protect workers’ health and safety, which includes ensuring compliance with health and safety standards related to smoking and vaping in the workplace. This means employers must enforce the prohibition of vaping in enclosed office areas and ensure that any designated vaping zones comply with the applicable legal standards.

Conclusion:

The UAE has developed a comprehensive legal framework to regulate the use of vaping and tobacco products, both in public and workplace environments. Under Federal Law No. 15/2009 and Cabinet Decision No. 24/2013, vaping in enclosed office spaces is prohibited unless designated areas are provided, subject to strict conditions.

Dr. Hassan Elhais is a legal consultant in Dubai, specializing in the drafting of all statements of claim, memos and consultation on litigation of all manner.