What are the obligations of employers towards the regulation of smokeless tobacco?

After the enforcement of stricter laws and regulations surrounding the use of vapes, other tobacco products, particularly smokeless tobacco, have been rising in popularity as alternatives.  Smokeless tobacco refers to unburned tobacco products that deliver addictive nicotine through oral or nasal tissues. Snus, a form of smokeless tobacco that originates from Sweden, consists of a small teabag-like pouch placed under the upper lip for nicotine absorption. Other forms of smokeless tobacco include chewing tobacco, snuff and dissolvable tobacco. These products often include higher levels of nicotine and other carcinogenic chemicals, exposing users to health risks comparable to those associated with a normal cigarette. 

The growing popularity of smokeless tobacco can be attributed to its marketing as a ‘safer’ alternative to cigarettes as well as its discreet nature due to its lack of smoke. Users also favour its use due to its higher nicotine levels, allowing for effects similar to vapes to be achieved faster.  In addition, influencers have also been advertising the use of smokeless tobacco as a means of quitting cigarettes and vapes, encouraging users to switch to smokeless tobacco. Smokeless tobacco products are accessible due to its relatively affordable prices, ranging from S$1.49 to S$4.00 per unit with a wide variety of flavours, including coffee, salted caramel, spearmint, jalapeno lime, citrus and other fruit flavours. Despite these products being unavailable for sale in Singapore, they can still be purchased on overseas websites like Mr Snuff and MyPouch or in countries outside of Singapore such as Malaysia.

In Singapore, under the Tobacco (Control of Advertisements and Sale) (Prohibited Tobacco Products and Imitation Tobacco Products) (Exemption) Order 2018, it is an offence to possess, use and purchase smokeless tobacco. Individuals who get caught using or in possession of smokeless tobacco can be fined up to S$2,000 per conviction.  Individuals convicted of an import, sale, distribution or offer for sale of smokeless tobacco offence can be liable to a fine not exceeding S$10,000 or to imprisonment for up to six months or to both for the first offence. Subsequent offences result in higher fines of up to S$20,000 or imprisonment of up to 12 months or both.

Under the Workplace Safety and Health Act 2006, employers are required to conduct risk assessments and implement hazard control measures to ensure the safety of all employees.  Secondhand exposure to smoke produced from cigarettes and vapes occurs when aerosol, from the combustion of nicotine and tobacco, is released into the surrounding environment and inhaled by others. As smokeless tobacco does not involve the burning of nicotine, no smoke is produced, thus eliminating the risk of secondhand exposure, making it a safer option. As a result, employers may consider the use of smokeless tobacco to be of lower risk as only the user is directly impacted.

Employers may therefore choose not to prohibit the use of smokeless tobacco due to its minimal risk for non-user employees, compared to cigarettes and vapes.  As there is no legal requirement for employers to ban the use of smokeless tobacco or any direct penalty and legal liability for not imposing a ban, employers remain within their legal rights to do so.

Should employers feel that a foreseeable risk may arise from the use of smokeless tobacco, they can enforce regulations against the use of smokeless tobacco by reviewing their employment contracts and workplace policies to ensure prohibitions on tobacco use extend beyond cigarettes and vapes to smokeless tobacco.