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The Smoking Ban: An Overview

The law revising the railway police law of April 27, 2018 to provide smoke-free platforms was introduced on May 15, 2022. As of January 2023, this regulation will make railway stations-including the platforms-smoke-free areas.

We hereby give you a list of the locations where smoking is prohibited in response to this change in the law.

Public Access to Regions That Are Bormally Off-limits

First off, smoking is not permitted in any enclosed spaces that are open to the public.

The following places are not all-inclusively listed in the law:

  • Government buildings,
  • train stations,
  • airports,
  • commercial buildings,
  • places where the general public can get services like food and drinks,
  • nursing homes for the aged,
  • schools,
  • theatres,
  • and sports facilities;

Each location must have a clear no-smoking notice posted at the entrance.

It is possible for the owner of a closed, publicly accessible space to add a smoking area. Several requirements must be met for this:

  • The smoking room may not be a transit area;
  • The smoking room must be fitted out in such a way that the discomfort caused by the smoke is limited as much as possible for non-smokers;
  • The smoking room must be clearly marked as such so that it can be recognized and located;
  • The surface of the smoking room must be less than 1/4 of the total surface area;
  • The smoking room must be equipped with an extraction or ventilation system.

Both the owner of the public space and the smoker may face consequences for violating the smoking ban. Both offences are punishable by a fine ranging from 26,00 to 1,000 euros or by up to three months in jail. Additionally, the operator could be subject to a 6-month obligatory closure.

In The Office

Every employee has the right to smoke-free work environments and communal spaces (including the toilet and dining area). The employer is responsible for taking the necessary actions and ensuring that they are followed, both by the staff members and by outside parties. He risks being charged with a crime (in accordance with the Social Penal Code) if he doesn’t comply. The Social Inspectorate employees are in charge of keeping an eye on these employer requirements.

Additionally, the employer may decide to set up a smoking area at work with the help of the Committee for Prevention and Protection at Work.

Vehicles

Additionally, it is forbidden to smoke in a car when a minor (under the age of 18) is present. The ban is also in effect while the car’s windows or roof are open. In a convertible, smoking is only permitted when the roof is entirely tucked in.

Additionally, smoking is never permitted inside any public transportation vehicle, even when it is temporarily out of service.

The laws governing the smoking ban are part of the law of December 22, 2009, which became effective on January 1, 2010. This indicates that the well-known smoking prohibition has been in effect for more than ten years!

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