On November 12, Law 28705, the General Law for the Prevention and Control of the Risks of Tobacco Consumption, and Law 29517, the Law that modifies Law 28705, the General Law for the Prevention and Control of the Risks of Tobacco Consumption, were repealed to adapt to the World Health Organization (WHO) Framework Convention on Tobacco Control, and a new law was issued: Law on the Control of the Consumption of Tobacco Products, Nicotine or Substitutes for Both for the Protection of Life and Health or Law No. 32159.

It established the restriction on smoking in the workplace as a preventive and protective measure against the use of tobacco, nicotine, and nicotine substitutes.

Likewise, it was made mandatory to have signs posted in places where smoking is prohibited, and employers must therefore post a sign containing the following provision:

Smoking and vaping are prohibited in this establishment because they are harmful to your health. This environment is 100% smoke-free and vaping-free.

But What does workplace mean?

According to the definition of article 5 of the aforementioned law, the following is defined:

1. k) Place of work: Any place used by individuals during their employment or work, whether paid or voluntary. This includes places that workers routinely use in the performance of their jobs, including corridors, elevators, stairwell skylights, lobbies, shared facilities, cafeterias, restrooms, lounges, dining rooms, and outbuildings such as sheds, among others. Work vehicles are also considered workplaces and must be specifically identified as such.

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What possible consequences could my company face if I don't comply with the regulations?

Although the regulations do not establish specific sanctions for violating the smoking ban in the workplace , violations related to Occupational Health and Safety may be involved, considering that Law No. 32159 seeks to reduce the impact on the health of the population due to the consumption of tobacco, nicotine, or their substitutes.

SIt therefore follows that employers have a duty to protect their workplaces from exposure to these products. Failure to take the necessary measures could result in MINOR and SERIOUS violations of OSH regulations, resulting in:

1. In the case of a minor infraction, a fine of S/1,339.0 to S/79,928.0, depending on the number of affected workers.
2. In the case of a serious violation, a fine ranging from S/13,544.50 to S/270,529.50, depending on the number of affected workers.