Last updated: September 17, 2019

Duties / Penalties

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

Post signs

Yes
Fine
Analysis

Section 1(a) of Art. 5 of the Protection of Health Act requires the owner or manager of a transport facility or means of transport to post “in visible places proper verbal and graphic markings informing about the smoking ban.” The law does not specify the content of the signs to be posted. The law does not require, however, the owner or manager of other public places or workplaces to post signs in places where smoking is prohibited.

Article 13(1) imposes a fine of up to 2000 PLN on owners/managers of public transport or public transport facilities who fail to post signs in places where smoking is prohibited.

The law partially aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty on all owners, managers, employers, and supervisors of public places and workplaces to post signs in places where smoking is prohibited. The law should specify the size, shape, and content of the sign. In addition, the law should provide for a range of penalties, as well as increased penalties for repeat offenses.

Remove ashtrays

No
None
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.

Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)

No
None
Analysis

The law does not impose a duty upon business owners, employers, or supervisors to take steps to require a person to stop smoking.

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 take steps to require a person to stop smoking.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
Fine
Analysis

Article 13(1) of the Protection of Health Act imposes a fine of up to 500 PLN on a person who smokes in places where smoking is prohibited.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a penalty on any person who smokes in a place where smoking is prohibited.