Last updated: July 21, 2021
Duties / Penalties
Post signs
The law requires employers to “post no-smoking signage in conspicuous places.” Violation is punishable with a fine of $1,000.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines. However, to more fully align, drafters should consider including in the contents of the sign a method to report violations and the name of the person to whom complaints should be addressed. The law might also include administrative sanctions, such as suspension of a business license for failure to comply.
Remove ashtrays
The law does not impose a duty upon business owners, employers, or supervisors to remove ashtrays.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers, or supervisors to remove ashtrays and impose penalties for violations of that duty.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The law requires employers to “ensure that the [enclosed workplace] environment is smoke free” and take “appropriate” action where an employee does not comply with the prohibition on smoking. Read together, these provisions impose a duty on employers to take reasonable steps to require any person to stop smoking. Violation is punishable with a fine of $1,000.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines. However, to more fully align, Bermuda should consider imposing administrative sanctions, such as suspension of a business license for failure to comply.
Other
The law imposes a duty upon employers to inform all employees that the enclosed workplace environment is smoke free. Violation is subject to a fine of $1,000.
Not to smoke where prohibited
The law imposes a duty upon persons not to smoke where prohibited. Violation is subject to a fine of $1,000.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty and penalty for individuals who smoke where prohibited.
