Last updated: March 4, 2020
Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport
All indoor workplaces
Smoking is prohibited in all enclosed workplaces.
This provision aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines. However, providing a definition of “workplace” would help clarify the scope of the ban, which would assist with implementation and enforcement.
All indoor public places
Smoking is prohibited in all enclosed public places.
This provision aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines. However, providing a definition of “public place” would help clarify the scope of the ban, which would assist with implementation and enforcement.
All public transport
Under the law, smoking is prohibited in all workplaces, which is defined in the regulations as including public transportation. Therefore, public transport is smoke free.
This provision aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines.
Government facilities
The law prohibits smoking in all enclosed public places and enclosed workplaces, which encompasses government facilities. In addition, Art. 5 of the Regulations (Decree No. 284/008) provides that in public offices, the highest ranking official will be responsible for ensuring compliance with the smoking ban.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.
Private offices
Smoking is prohibited in all enclosed workplaces.
This provision aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines. However, providing a definition of “workplace” would help clarify the scope of the ban, which would assist with implementation and enforcement.
Hospitals
The law prohibits smoking in all enclosed public places and enclosed workplaces, which encompasses hospitals. Further, the law specifically provides, in Art. 3(C)(i), that smoking is prohibited in both enclosed and open spaces of the premises of health establishments. Therefore, smoking is prohibited inside and on the outside premises of hospitals.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.
Residential healthcare facilities - public areas
The law prohibits smoking in all enclosed public places and enclosed workplaces, which encompasses residential healthcare facilities. Further, the law specifically provides, in Art. 3(C)(i), that smoking is prohibited in both enclosed and open spaces of the premises of health establishments. Therefore, smoking is prohibited in both inside and on the outside premises of residential healthcare facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of residential healthcare facilities.
Non-residential healthcare facilities
The law prohibits smoking in all enclosed public places and enclosed workplaces, which encompasses non-residential healthcare facilities. Further, the law specifically provides, in Art. 3(C)(i), that smoking is prohibited in both enclosed and open spaces of the premises of health establishments. Therefore, smoking is prohibited in both inside and on the outside premises of non-residential healthcare facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.
Childcare facilities/preschools
The law prohibits smoking in all enclosed public places and enclosed workplaces, which encompasses childcare facilities and preschools. Further, the law specifically provides, in Art. 3(C)(ii), that smoking is prohibited in both enclosed and open spaces of the premises of “instructional centers and institutions where the practice of teaching takes place in any of its forms.” Therefore, smoking is prohibited both inside and on the outside premises of preschools.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.
Primary and secondary schools
The law prohibits smoking in all enclosed public places and enclosed workplaces, which encompasses primary and secondary schools. Further, the law specifically provides, in Art. 3(C)(ii), that smoking is prohibited in both enclosed and open spaces of the premises of “instructional centers and institutions where the practice of teaching takes place in any of its forms.” Therefore, smoking is prohibited both inside and on the outside premises of primary and secondary schools.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.
Universities/vocational facilities
The law prohibits smoking in all enclosed public places and enclosed workplaces, which encompasses universities and vocational facilities. Further, the law specifically provides, in Art. 3(C)(ii), that smoking is prohibited in both enclosed and open spaces of the premises of “instructional centers and institutions where the practice of teaching takes place in any of its forms.” Therefore, smoking is prohibited both inside and on the outside premises of universities and vocational facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.
Shops
The law prohibits smoking in all enclosed public places and enclosed workplaces; therefore, stores are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops.
Cultural facilities
The law prohibits smoking in all enclosed public places and enclosed workplaces; therefore, cultural facilities are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.
Indoor stadium/arenas
The law prohibits smoking in all enclosed public places and enclosed workplaces; therefore indoor stadiums and arenas are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.
Restaurants
The law prohibits smoking in all enclosed public places and enclosed workplaces; therefore, restaurants are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.
Bars/pubs/nightclubs
The law prohibits smoking in all enclosed public places and enclosed workplaces; therefore, bars, pubs and nightclubs are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs and nightclubs.
Casinos
The law prohibits smoking in all enclosed public places and enclosed workplaces; therefore, casinos are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.
Hotels/lodging - public areas
The law prohibits smoking in all enclosed public places and enclosed workplaces; therefore, public areas in hotels are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels.
Hotels/lodgings - guest rooms
The law prohibits smoking in all enclosed public places and enclosed workplaces. However, because hotel guest rooms are not addressed specifically, it is uncertain whether hotel guest rooms are covered under Art. 3's ban on smoking in all enclosed public places and enclosed workplaces.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including guest rooms in hotels and other lodging, to be 100% smoke free.
Prisons/detention facilities - public areas
The law prohibits smoking in all enclosed public places and enclosed workplaces; therefore, public areas in prisons and detention facilities are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prisons and detention facilities.
Trains, buses and other shared ground transportation other than taxis
Under the law, smoking is prohibited in all indoor public places and workplaces. Under the regulations in Decree No. 284/008, public places and workplaces include “vehicles such as taxis, ambulances, school buses and other road transportation, trains, planes, etc. with or without passengers.” Therefore, trains, buses, and other shared ground transportation are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses, and other shared ground transportation.
Taxis (for-hire vehicle)
Under the law, smoking is prohibited in all indoor public places and workplaces. Under the regulations in Decree No. 284/008, public places and workplaces include “vehicles such as taxis, ambulances, school buses and other road transportation, trains, planes, etc. with or without passengers. Therefore, taxis are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.
Commercial aircraft
Under the law, smoking is prohibited in all indoor public places and workplaces. Under the regulations in Decree No. 284/008, public places and workplaces include “vehicles such as taxis, ambulances, school buses and other road transportation, trains, planes, etc. with or without passengers.” Therefore, commercial aircraft are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.
Commercial watercraft
Under the law, smoking is prohibited in all indoor public places and workplaces. Under the regulations in Decree No. 284/008, public places and workplaces include “vehicles such as taxis, ambulances, school buses and other road transportation, trains, planes, etc. with or without passengers.”
Commercial watercraft are not specifically mentioned in the regulations but may be encompassed in this provision due to the “etc.” However, because there is no definition of “public transport” in the law or regulations, it is unclear if commercial watercraft are covered by the ban.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the smoking ban should include commercial watercraft, and “public transport” should be defined in accordance with the FCTC Art. 8 Guidelines.
Public transport facilities (waiting areas for mass transit)
The law prohibits smoking in all enclosed public places and enclosed workplaces; therefore, public transport facilities are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.