LANGUAGE
Last updated: July 21st 2021

Duties / Penalties

Duty Imposed Upon Business Owners / Employers / Supervisors
Duty Imposed
Sanction(s)
 

Post signs

Yes
Fine
Analysis

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.

Law Source, Section
Sections 37(1)(c), (3)

Remove ashtrays

No
Analysis

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)

Yes
Fine
Analysis

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.

Law Source, Section
Sections 37(1)(a), (d)

Other

Yes
Fine
Analysis

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.

Law Source, Section
Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)
 

Not to smoke where prohibited

Yes
Fine
Analysis

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 the FCTC Art. 8 and FCTC Art. 8 Guidelines with respect to imposing a duty and penalty for individuals who smoke where prohibited.

Law Source, Section