Law Authorizes Smoking Ban Within Companies

costa rica smoking

The text Control Act of Snuff, protects employers who choose to keep smoking bans around the perimeter of the work center.

Lawyers advise keeping the smoking ban, if the company has already adopted this policy.

“A company has legal basis because the law prohibited smoking in the workplace,” said the specialist in labor law Carro María del Rocío.

“The company can maintain its smoking policy, relying on the law,” agreed the lawyer Oscar Bejarano, an expert in labor law.

In the workplace, the rules allow smoking in outdoor areas, located five meters from the “production unit” (Article 5, paragraph b).

“The rule flexibilizes the prohibition of the law, and smoking in workplaces, with the restriction of five meters of the production unit, but it is not clear what it is,” said Carro.

“The threshold of five meters of the production unit, exceeds what the law anticipated,” said Bejarano.

The former Minister of Health, María Luisa Ávila, described the disposition as “a setback”.

Last week, Corrales explained that the change was made through a claim of 700 smokers, employees zones.

“It could generate a constitutional state”, he said.

The Foundation for Nonsmokers’ Rights is organizing a public demonstration to collect 30,000 signatures.

“We demand an amendment to the regulations, if for signatures are more nonsmokers,” said Ronny Melendez.

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