The government's watchdog, Public Health England (PHE), is urging UK employers to give e-cigarette users more frequent breaks than cigarette smokers as well as their own vaping room away from workers who smoke. E-cigarettes turn liquid nicotine into a flavoured vapour, purporting to allow smokers to curb their nicotine addiction without the harmful effects of smoking tobacco. However, PHE suggests that smoking e-cigarettes delivers a lower nicotine hit than traditional cigarettes, and  therefore employers should allow workers to take more breaks to "top-up" their nicotine levels. In addition, PHE states that forcing e-cigarette smokers to go outside would "undermine their ability to quit smoking". The watchdog hopes that this will encourage workers to smoke e-cigarettes at work rather than tobacco, promoting the health and wellbeing of staff by making it a more convenient alternative.

Currently, under the Working Time Regulations 1998, workers have the right to an uninterrupted 20-minute rest break away from their workstations if their working day exceeds six hours. Statute limits this right to one 20-minute break per day if the shift is at least six hours. It does not provide for rights to extra breaks for smokers or workers who use e-cigarettes. However, employers are under a general duty to prevent risks to health and safety.

Given that smoking and vaping satisfy a nicotine addiction at different rates, it may be best practice for employers to take this into account when assigning the length and frequency of any breaks it grants its staff. This is something employers can develop through workplace policies. With around 2.8 million adults in the UK using cigarettes, employers may wish to note the difference in the effect of vaping compared to smoking tobacco when updating or amending the relevant policies. However, employers should also note that there is no obligation to allow staff to take smoking breaks, and many do not permit this at all. Smokers can, of course, smoke during their rest period if they choose, but this should preferably be in a designated smoking space and must not be in an enclosed area.

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