Legal Definition of Smoking

[Deleted]

I am looking for the legal definition of smoking preferably from a government website and also the legal definition of an e-cig.

For some strange reason after over 18 months with the bosses knowledge , they are now attempting to discipline me for using my ecig in my works van .

Any help greatfully received

[pinkerbell]

Oxford English Dictionary link - oxforddictionaries.com/definition/english/smoking?q=smoking

[Karma]

Oh storm, i've lost all my links, I did have one

the legal definition says something about 'burning' I think so vaping can't possibly be classed as smoking!

I hope someone can come up with a link for you!

[kickit]

Is this any use?
www.healthandsafetytips.co.uk/forums/viewtopic.php?t=28949&f=1

[meeee]

LOL, the amount of van drivers I see smoking has not decreased since the smoking ban. I would be interested to see how you get on.

[Matt Gluggles]

If you want an exact Government definition of smoking then it can be found in the Health Act 2006.

The Health Act 2006 is the law that introduced what is known as the "smoking ban"

The full Act can be found here:
www.legislation.gov.uk/ukpga/2006/28/contents

And the part of the Health Act 2006 that legally defines "SMOKING" can be found here:

www.legislation.gov.uk/ukpga/2006/28/section/1

(a)“smoking” refers to smoking tobacco or anything which contains tobacco, or smoking any other substance, and
(b)smoking includes being in possession of lit tobacco or of anything lit which contains tobacco, or being in possession of any other lit substance in a form in which it could be smoked.

Therefore your e-cig is not legally "smoking" and it is not covered by the Act, because your e-cig does not contain LIT Tobacco

[boo]

How will they find out?

[Deleted]

Sept 26, 2012 16:42:58 GMT boo said:

How will they find out?

It's called a snotty nosed little apprentice who doesn't like being told off

[Deleted]

Sept 26, 2012 16:37:58 GMT Matt Gluggles said:

If you want an exact Government definition of smoking then it can be found in the Health Act 2006.

The Health Act 2006 is the law that introduced what is known as the "smoking ban"

The full Act can be found here:
www.legislation.gov.uk/ukpga/2006/28/contents

And the part of the Health Act 2006 that legally defines "SMOKING" can be found here:

www.legislation.gov.uk/ukpga/2006/28/section/1

(a)“smoking” refers to smoking tobacco or anything which contains tobacco, or smoking any other substance, and
(b)smoking includes being in possession of lit tobacco or of anything lit which contains tobacco, or being in possession of any other lit substance in a form in which it could be smoked.

Therefore your e-cig is not legally "smoking" and it is not covered by the Act, because your e-cig does not contain LIT Tobacco

Thats the stuff I'm after mate .. I was in such a rage I couldn't even think where to start looking

So I thought I'd ask all my mates on here

[pinkerbell]

10 points to gluggler, well done that man!

Go get 'em, Storm >

[boo]

Sept 26, 2012 16:45:36 GMT @storm said:

Sept 26, 2012 16:42:58 GMT boo said:

How will they find out?

It's called a snotty nosed little apprentice who doesn't like being told off

Ahhh, ouch!

Good luck!

[Raffles]

Hi Storm,

While I don't think you can be had over any current 'smoking legislation' there are still employment contracts, and how you behave on company premises, which I presume their van falls within.

I work for a national company that did at first allow it, but now, because of the perception from others, do not. Not much you can do I think, apart from twatting the apprentice! and watching your back!

[gjdart]

I would quietly remind the little "barsteward"..sorry.."snotty nosed apprentice" that the long dark nights are coming in fast > ....

[Deleted]

I've already decided that if they are going to take the word of an apprentice over mine ( I've known the company owners for over 4 yrs ) , then maybe it's time to move on .. I don't get sacked by anyone I leave ! ! !

[Deleted]

Sept 26, 2012 17:17:32 GMT Raffles said:

Hi Storm,

While I don't think you can be had over any current 'smoking legislation' there are still employment contracts, and how you behave on company premises, which I presume their van falls within.

I work for a national company that did at first allow it, but now, because of the perception from others, do not. Not much you can do I think, apart from twatting the apprentice! and watching your back!

As I stated in my first post I have used my e-cig with the knowledge of the company directors and manager , also whilst in the same vehicle as each of them