Ensuring Compliance with Malaysia's New Smoking and Vaping Regulations in the Workplace

Effective 1 January 2025, Malaysia has implemented stringent regulations prohibiting smoking and vaping in various public spaces, including workplaces. Offenders may face fines up to RM5,000.

Understanding the New Regulations

The Control of Smoking Products for Public Health (Declaration of Non-Smoking Area or Place) Order 2024 designates 28 non-smoking areas, notably office buildings and launderettes. Although the order was gazetted on 30 September 2024, and took effect on 1 October 2024, enforcement with associated fines commenced on 1 January 2025.

Implications for Employers

Employers are responsible for ensuring compliance within their premises. Failure to enforce these regulations can lead to penalties for both employees and the organisation. To maintain a compliant workplace, businesses should consider taking the following steps:

1. Establish a Clear No-Smoking Policy:

• Develop and disseminate a comprehensive no-smoking and no-vaping policy that aligns with the new regulations.
• Clearly define the areas where smoking and vaping are prohibited.

2. Display Prominent Signage:

• Install clear and visible 'No Smoking' and 'No Vaping' signs throughout the workplace, especially at entrances, restrooms, and common areas.

3. Designate Smoking Areas (if applicable):

• If feasible, provide designated smoking areas outside the building, ensuring they comply with legal distance requirements from the premises.

4. Conduct Employee Training and Awareness Programs:

• Educate employees about the new regulations, the health risks associated with smoking and vaping, and the consequences of non-compliance.

5. Implement Monitoring and Enforcement Mechanisms:

• Regularly monitor the workplace to ensure adherence to the policy.
• Establish procedures for addressing violations, including disciplinary actions if necessary.

6. Review and Update Workplace Policies:

• Ensure that employee handbooks and workplace policies reflect the new regulations and are communicated to all staff members.

7. Provide Support for Smoking Cessation:

• Offer resources or programs to assist employees who wish to quit smoking or vaping, demonstrating the organization's commitment to employee health.

Legal Support and Consultation

Navigating the nuances of these new regulations can be challenging. We offer comprehensive legal services to assist employers in:

• Reviewing and updating workplace policies to ensure compliance.
• Providing training sessions and legal briefings for management and staff.
• Advising on the establishment of compliant designated smoking areas.
• Assisting with the development of enforcement and disciplinary procedures.

Ensuring compliance not only avoids legal penalties but also promotes a healthier work environment. For personalised legal assistance, please contact us at info@aqranvijandran.com

This article is written by Raja Nadhil Aqran (Partner). It only contains general information. It does not constitute legal advice nor an expression of legal opinion and should not be relied upon as such.