Last updated: 24 March 2016
The prohibition of smoking in closed public spaces, including those at the workplace, has already been in force since March 16, 2016. Most of the institutions concerned by this law already begun to comply with the provisions of Law no. 15/2016 (published in Official Journal no. 72 of February 1st, 2016). In fact, many cafes or restaurants installed outdoor spaces for smokers and posted “Smoking prohibited” ads in visible places. Today’s article presents to you the employers’ obligations related to smoking ban and the sanctions applicable to those who do not comply with this ban.
AMENDMENT OF THE INTERNAL REGULATIONS
Following the entry into force of Law no. 15/2016, employers have to insert into their Internal Regulations specific clauses providing the prohibition to smoke and classifying the violation of the norms on the prohibition of smoking as a serious disciplinary offense. In this respect, employers can attach to the Internal Regulations an appendix which provides smoking ban rules and which expressly states that violation of such rules represents a serious disciplinary offense.
Moreover, employers must post the “Smoking prohibited” sign in visible places and use the international symbol, namely the cigarette in a circle with a diagonal line through it (the red part must be at least 35% of its surface).
APPLICABLE SANCTIONS
Natural persons who violate the smoking ban can be sanctioned by a fine between 100 and 500 lei, whereas legal persons can be sanctioned by a fine between 5,000 and 10,000 lei. A second offence committed by a legal person is punished by a fine of 10,000 lei, as well as by the suspension of its activity, whereas a third offence comes with a fine of 15,000 lei and the closure of the business.
The persons who have the authority to apply the sanctions provided by Law no. 15/2016 are labor inspectors (for institutions whose employees are subject to the Labor Code and only with regard to the employer’s obligations to amend the Internal Regulations and post “Smoking prohibited” signs) and, depending on the place where the offence is committed, by police officers, border police officers, gendarmes or inspectors of the General Inspectorate for Emergency Situations (ISU).