Katarzyna Kanik for Rzeczpospolita: “Vaping at work prohibited”
On July 5, 2025, an amendment to the Act on Health Protection Against the Consequences of Using Tobacco and Tobacco Products came into force. This seemingly technical change has serious practical consequences, particularly for employers and employees, as it eliminates previous interpretive doubts regarding the smoking of electronic cigarettes. Associate Katarzyna Kanik from KWKR writes about the new regulations in the daily Rzeczpospolita Read the article in Polish here!
The most important change is the expansion of the definition of “smoking an electronic cigarette” to include all such devices, regardless of nicotine content. Previously, the ban applied only to nicotine-containing e-cigarettes, which allowed for arguments that using nicotine-free vapes did not violate the regulations. Now, however, the law treats all e-cigarettes equally, eliminating the possibility of circumventing the ban.
The amendment also introduces the concept of “related products,” which includes nicotine pouches. However, these products, due to the lack of vapor or smoke emission, are not directly subject to the ban on smoking in the workplace – their use can only be regulated through internal company policies.
For employers, this means a significant strengthening of their legal position. They can now clearly prohibit all forms of vaping in workplace regulations and take disciplinary actions. Violating the ban may lead to disciplinary dismissal or a fine of up to 500 złoty. Employers are also required to appropriately mark areas where smoking is prohibited.
The amendment does not create new bans but clarifies existing ones, making the health protection system and labor law regulations more consistent. It’s an important tool both for health inspectors and for employers in their day-to-day operations.
Do nicotine-free e-cigarettes fall under the workplace smoking ban? What are the consequences for violating the rules? Is an employer required to designate special smoking areas? Katarzyna Kanik answers these and many other questions in her article published in Rzeczpospolita.
