Also, in the guide on the implementation of Law no. 15/2016 for preventing and combating the consumption of tobacco products posted on Government website, it is also specified which are the places where you can smoke, as well as what obligations the administrators of closed public spaces and jobs have.
Where smoking is prohibited
“Smoking is prohibited in all enclosed public spaces, enclosed spaces at work, means of transport in common, children’s playgrounds. It is completely forbidden to smoke in the sanitary, educational units, as well as those destined for the protection and assistance of the child, state and private “, it is shown in the document of the Executive.
It is also defined public space as considered “any space accessible to the public (eg in the cultural-artistic field, health, education, public catering, clubs, bars, cafes, etc.) or intended for collective use (eg for commercial activities, sports, fairs, exhibitions etc.), regardless of the form of ownership or the right of access “.
Further, it is defined closed public space: “any space accessible to the public or intended for collective use, regardless of the form of ownership or the right of access, which has a roof, ceiling or ceiling and which is delimited by at least two walls, regardless of their nature or temporary or permanent “.
Next, the “wall” is defined and it is specified that “in assessing the closed / open character of a space, the nature of the material from which the walls or the ceiling / ceiling / roof are made will not be taken into account, (…) the character temporary or permanent removal of walls or space “.
In terms of enclosed space at work, in the Government document it is specified that “if in an area of a living space economic activity takes place, then the respective area becomes a job and smoking is forbidden”.
Thus, you will no longer smoke in the following enclosed spaces at work:
- industrial halls, storage spaces, offices and rooms, meeting rooms, council rooms, halls, corridors, toilets, elevators, enclosed balconies, etc .;
- central and local public institutions;
- commercial units: shops, exhibitions / fairs in closed space, shopping centers, closed markets, etc .;
- restaurants, bars, cafes, enclosed terraces, accommodation units, clubs – including those with restricted access, casinos, multipurpose halls, etc .;
- cultural-artistic, sports, recreational units;
In addition, smoking is also prohibited in:
- all means of public transport (where it will no longer be possible to use an electronic cigarette), bus stations, railway stations, airports, closed platforms and shelters, taxis, service car, clinic, including in the cab of the driver, the driver, the driver train etc;
- all the spaces in the educational, medical-sanitary and child protection units, including in the yard of the units;
- children’s playgrounds, regardless of whether they are located indoors or outdoors;
- common spaces in residential buildings: halls, elevator, etc.
Where smoking is allowed
The Government also specifies the places where smoking will be allowed:
- Outdoor public spaces or work spaces:
- Platforms, shelters, stations of public transport if they are open or have a roof and only one wall;
- Parks, other than playgrounds for children;
- Housing, including any enclosed space where no economic activity takes place (no job);
- Other spaces where personal events take place such as tents, terraces, pavilions, but which are not jobs (no economic activity).
What fines those who break the law receive
The sanctions provided by law are for both individuals and legal entities, as follows:
- Individuals who smoke in areas where smoking is prohibited: fine contraventional from 100 to 500 lei;
- The legal entities that administer the spaces where smoking is prohibited: the contravention fine of 5,000 lei (first offense), the contravention fine of 10,000 lei and the suspension of the activity until the situation is remedied (second offense), the contravention fine of 15,000 and the closing of the unit at the next offense.
You can be fired if you smoke at work
The Government communiqué also stipulates the obligations that the administrators of closed public spaces and jobs have.
“Administrators (…) must mark the spaces marked with the message ‘No smoking’ and the international symbol, respectively the cigarette crossed by a cross line.
regulations internal it must contain provisions prohibiting smoking in enclosed spaces at work and sanctions for violating the smoking ban. The establishment of sanctions is the attribute of the employer who must ensure that the sanctions are proportional in relation to the committed deed “, the document states.
“Because Law no. 15/2016 establishes that the violation of the smoking ban is a serious disciplinary violation, employers will be able to resort to sanctions such as termination of individual employment contract or even payment of compensation to cover the damage caused by violating the rules on smoking ( for example in the situation where the non-observance of the smoking ban caused damages to the employer – image or materials).
For a good implementation of the law, it is recommended that the administrators of closed public spaces and jobs display next to the indicator with ‘No smoking’ the telephone number of the nearest unit of Police local or police structures in localities where there is no local police “, the Government claims.
The anti-smoking law enters into force. Who has the right to fine smokers and how much
Last but not least, the guide posted on the Executive’s website also emphasizes the importance of this law.
“The main purpose of banning smoking in enclosed workplaces and in enclosed public spaces is to protect the health of employees and citizens in public spaces by avoiding exposure to toxic smoke from tobacco products.
The law is additionally beneficial for smokers because it facilitates smoking cessation, as well as for minors and young people because it helps prevent smoking by reducing the social opportunities in which smoking occurs and in which tobacco use usually begins, “the document said.
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