As vaping becomes more common across Australia, workplaces are facing new challenges in managing its use on-site. While once seen as a safer alternative to smoking, e-cigarettes and vapes now present their own set of legal, health, and cultural considerations.
For employers, understanding your responsibilities around vaping is essential for maintaining a safe and compliant work environment.
Vaping laws in Australia
As of July 1, 2024, Australia has tightened its vaping regulations significantly:
- Non-prescription vapes are banned. Disposable and recreational vapes can no longer be sold in retail stores.
- Pharmacy-only access. Therapeutic vapes with up to 20 mg/mL nicotine are only available over the counter at pharmacies. Higher strengths require a prescription.
- Customs enforcement. Personal vape imports are no longer permitted.
These laws reflect growing concern about the health effects of vaping, particularly among young people. But they also clarify how employers should approach vaping in the workplace.
FURTHER READING: Department of Health’s Laws on Vaping in Australia
Vaping is banned in enclosed workplaces
Under Australian state and territory legislation, vaping is treated the same as smoking when it comes to workplace bans.
This means:
- All enclosed workplaces must be vape-free.
- This includes offices, warehouses, lunchrooms, bathrooms, and company vehicles.
- Employers (or PCBUs) are legally required to enforce these rules.
Failing to comply may result in fines and breaches of your WHS obligations.
Why employers should take vaping seriously
Even if employees believe vaping is harmless, it can still:
- Expose others to second-hand chemicals and vapour
- Trigger health issues like asthma and allergies
- Affect professional image and workplace culture
- Lead to compliance risks under WHS and public health laws
Educating staff and setting clear expectations is key to managing these risks effectively.
Setting clear boundaries around vaping at work
Instead of jumping straight into formal policies, consider starting with clear expectations.
Define when and where vaping is acceptable (if at all), how it's communicated to staff, and what the consequences are for non-compliance.
Transparency is key — employees should know what’s expected and why it matters for health, productivity, and company culture.
Final thoughts: Be proactive, not reactive
Vaping may be seen as a grey area by some, but the law is clear: it must be managed like any other workplace hazard.
By implementing a strong, up-to-date policy and communicating it clearly, you can protect your team’s health, meet your legal obligations, and foster a safer, cleaner workplace for everyone.
If you're looking to update your drug and alcohol policy or incorporate vape-free rules into your WHS framework, the team at Andatech can help.
Need help updating your workplace policy? Andatech can help. Contact Andatech for free consultation on creating a safer, more supportive workplace for everyone.
