What can Employers do to stop Employees from vaping in the workplace? Part 2

Vaping (both possession and use of any kind of vape) has been illegal in Singapore since 2018 under the Tobacco (Control of Advertisements and Sale) Act 1993.  However, this law has not been heavily enforced.  This has led to a general impression that it is acceptable, even in the workplace.  From two years ago, employers started to notice a gradual increase in the number of people who are giving up cigarettes for e-cigarettes, which are in fact interchangeable with e-vaporisers (which everyone now calls “vapes”).  Some employers even considered this to be a positive move, and likened vapes to oral tobacco, nicotine gum or even shishas.  This is because there is no cigarette smell on employees who vape, and correspondingly, no cigarette breath.  Employees were no longer leaving their desks for informal “smoke breaks”, which increased productivity.  

There was a general assumption, therefore, that vaping was cleaner and healthier than smoking cigarettes.  But that is an old assumption now likely to be incorrect as well, given the growing awareness and some anecdotal evidence of health problems associated with vaping and secondhand vaping, or secondhand aerosol.

In his National Day Rally speech on 17 August 2025, our Prime Minister Lawrence Wong made it clear that vaping will be treated as a drug problem. That means a lot of changes are coming, not just changes in law and societal perception, but also the relationship between employer and employee will need to be rewritten.  Just to be clear, these statements do not just relate to vapes containing etomidate or ketamine (“kpods”).  These statements relate to all vapes regardless of their content.

The relationship between employer and an employee using or holding a vape

Some employers may want to be able to take stern action against employees who use or possess vapes in the workplace.  If so, please take the following steps:

• Update employment contract to make the consequences clear.  If the employment terms are also set out in an employment handbook, then it may be preferable to update the handbook instead of making every employee sign an updated contract of employment.

• Notify all employees that these changes have been made.  Signs in the pantry, notice board, email notification to all employees, notification via intranet – all these methods can be used.

• Consequences can range from verbal warning, warning letter, suspension and/or summary termination, for first instance or for repeat cases.

If the above steps are not taken, is it still possible to immediately sack an employee because he/ she is found in possession of a vape or using a vape in the office?  Our view is that it is possible, on the grounds of misconduct.  We had some internal reservations about taking such a stark and absolute position but on 13 August 2025, the Ministry of Education notified teachers in Singapore that they could be sacked if caught in possession of, or using, a vape.  That clarifies the public sector’s position substantially, and we think it unlikely that the Singapore Ministry of Manpower would take a completely different position when employees complain to it that they have been sacked for vaping.

Some employers may not want to take stern action against employees who use or possess vapes in the workplace.  Is that possible?  The answer as at the date of this article is yes.  Some employers may prefer employees to make such decisions for themselves.  Currently there is no legal obligation to call the police or report to the Health Sciences Authority if an employer discovers vaping amongst employees.  The Employment Act does not prescribe any mandatory action by employers either in such a case.  

That said, the law may change quite quickly to require employers to take action.  Please note.  Our Prime Minister has already informed that authorities will step up enforcement and toughen their stance on vapes. This will be a “robust whole-of-government exercise”.

Is it likely that employers will be required to ensure that there is absolutely no vaping in the workplace?  We believe so.  But the extent of that obligation remains to be seen.  Does this mean bag searches and employee vehicle searches?  Does this mean employers must sack employees for vaping?  We can take some guidance from our existing laws relating to hard drugs, e.g. cocaine, and our existing laws relating to guns.

Currently, if an employee is suspected to be in possession of cocaine or guns in the workplace, the employer is not expected to conduct any bag searches and employee vehicle searches.  They are expected to notify the authorities, who will come to the office, detain the employee and conduct those searches.  This also preserves the chain of evidence.  The employer is also not required to sack the employee but would almost always do so for reputational reasons and also because the employee would not be able to carry out his job duties after detention.

In view of this, it would be safe to say that our laws will not drastically change to require employers to search employee’s belongings to look for vapes, or to sack them if they find vapes in their possession.  It may give employers the right to search and clarify that they have the right to sack employees, but we believe it will not be mandated.

Relationship between employer and employees who do not vape, but are affected by secondhand vaping or secondhand aerosol

There will be employees who need special protection in the workplace against secondhand vaping, for example, expectant mothers, elderly employees and persons with respiratory disorders.

The Workplace Safety and Health Act 2006 requires employers to take reasonably practicable measures to ensure the safety and health of employees.  Given that the health risks associated with secondhand vaping are similar to secondhand cigarette smoke, the measures already taken by employers to prevent secondhand smoke in the workplace can be adopted for secondhand vaping. Currently, employers absolutely prohibit any smoking in the workplace, and anyone who lights up a cigarette faces disciplinary action. Given that vaping has been tacitly accepted for some time already in Singapore, even in workplaces, it would be appropriate for employers to notify all employees that vaping is absolutely prohibited and that severe consequences will follow if anyone is found to be vaping or in possession of a vape.

These are well established procedures and we believe these would be sufficient to comply with the Workplace Safety and Health Act 2006.

For more information on this article, please contact Jennifer Chih

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