The so-called Evin law, which was adopted on 10 January 1991, introduced the principle of a ban on smoking in public buildings and the non-smokers’ right to health protection.
Effective from the start of February 2007, the French government introduced a smoking ban in public places like offices, schools and public buildings. Other public spaces such as restaurants, nightclubs and some types of bars have been permitted time to adjust to the new law and can delay applying the order until January 2008. Opinion polls reveal that the majority of employees are in favour of the ban, even though there is some resistance to it from the business community.
The so-called Evin law, which was adopted on 10 January 1991, introduced the principle of a ban on smoking in public buildings and the non-smokers’ right to health protection.
A decree issued on 15 November 2006 defined the main measures regarding the implementation of the smoking ban in public places as of 1 February 2007.
Details of smoking ban
As of February 2007, the Decree No. 2006-1386 (in French) of November 2006 bans smoking in:
all closed and covered places, which receive members of the public or where people work;
all types of public transport;
all uncovered areas within public and private schools such as playgrounds, as well as in establishments used for activities, training and the housing of young people under 18 years of age.
The decree, nevertheless, authorises a few adjustments:
of a temporary nature – for all other sociable areas such as tobacconists and/or bars where food and drink are consumed on the premises, hotels, restaurants, nightclubs, casinos and gambling clubs, which have been given time to adjust to the new law and can delay applying the decree until 1 January 2008;
of a permanent nature – for companies that can create ‘reserved areas’ for smokers. These closed areas are to be used only for smoking and must be equipped with an air extraction system using mechanical ventilation, which respects defined standards with ‘an area which is at most equal to 20% of the total area of the establishment’ with a maximum limit of 35 square metres. Young people aged under 16 years are prohibited from entering these reserved areas.
Plans for such a reserved area must be submitted to the workplace health, safety and working conditions committee (Comité d’hygiène, de sécurité et des conditions de travail, CHSCT) or, if such a committee does not exist, to the workforce delegate (délégué du personnel) and the occupational health officer.
Penalties
If the legislation is not respected by the various parties, penalties (in French) will be enforced as follows:
smokers who violate the order will receive a flat-rate fine of €68;
employers responsible for the organisation will receive a fine of €135:
if they have failed to put up required notices at the entrance to their establishment;
if they have not provided an area that respects required standards;
if they encourage violation of the smoking ban.
Reactions to new law
In mid January 2007, 87% of human resources (HR) managers, who were interviewed by the Personnel Management Association (Association Nationale des Directeurs et Cadres de la fonction Personnel, ANDCP), declared that they had taken the necessary measures to respect the smoking ban in the workplace; some managers had even done so several months before the decree took effect.
In some large companies, HR management has also introduced measures – sometimes of a medical and financial nature – to assist those employees wishing to give up smoking.
In February 2007, the Ministry of Health and Solidarity (Ministre de la Santé et des Solidarités) published the results of an opinion poll; these show that 86% of those interviewed, 88% of the female respondents and 74% of those who smoke were in favour of the smoking ban in public places.
As regards prisons and hospitals, the trade unions have expressed concern about the risks for people in these institutions resulting from the implementation of the smoking ban. For example, establishing dedicated smoking areas for psychiatrically ill patients could be envisaged.
With the support of the trade unions, in the east of France for instance, labour inspectors and controllers refuse to record offences of employees who smoke. They have sent their record books back to the ministry, as they consider that ‘this function is aimed at changing their role in companies into one of policing’. Public health inspection doctors have also highlighted that their role is to treat ill people and not to punish them.
The Movement of French Enterprises (Mouvement des entreprises de France, MEDEF) indicated that it supports the smoking ban, but asked its members to be flexible when implementing the legislation.
The General Confederation of Small and Medium-sized Enterprises (SMEs) (Confédération générale des petites et moyennes entreprises, CGPME) considers that it is ‘difficult for SMEs to implement’ the ban and has asked ‘the authorities to be tolerant’.
The French Confederation of Tobacconist Employer Organisations (Confédération des chambres syndicales des débitants de tabac de France) has lodged an appeal with the Supreme Administrative Court (Conseil d’État) for the cancellation of the decree that applies to them as of 1 January 2008.
Lawyers have announced that cases resulting from the smoking ban should be taken to court in the future. The government has set up an information service (in French) to provide guidance to management and workers on the implementation of the smoking ban.
Benoît Robin, Institute for Economic and Social Research (IRES)
Eurofound recommends citing this publication in the following way.
Eurofound (2007), Ban on smoking in public places and at work, article.
