With the recent adoption of the law 42/2010 (anti-tobacco law), of 30 December whose entry into force was held on January 2, 2011, there are several controversial innovations introduced by it, which affect the scope of the work center. Ban overall and restricted smoking in the workplace in the first place, in accordance with article 7 (a)) is law prohibited smoking in public or private workplaces, except in outdoor spaces. Well, the first question that arises is what is meant by space to outdoors in the field for the work center, since that concept alone is set referred to the field of hospitality, where is defined as all space not covered or the entire space that still covered is surrounded laterally by a maximum of two walls, walls or walls. Consequently the first loophole of the law focuses on determining what is a space outdoors in the field for the work center. Nevertheless the above, in accordance with (article 7 s) is law opened the possibility that the holder of a work center banned smoking even in existing areas outdoors. With the new law banning smoking in the workplace is total and unavailable to not being possible to make flexible their implementation by a collective agreement. Obligation to of signpost in the workplace the prohibition of smoking in addition, the holder of a work center has a duty to the entrance of the same alert the prohibition of smoking, and must indicate in a clear and precise way through posters written in Spanish or in any of the co-official languages existing in the respective autonomous community where the work center in question. Responsible persons, offences and penalties on the persons responsible for the Commission of offences, these may be both physical and legal.

In General will be responsible for the payment of fines who smoke in places where it is forbidden, except in some cases in which the owner of the establishment where it occurs are also responsible. Thus, the holder of a work center could be punished with the following amounts: for not reporting to the entrance of the establishment of the smoking ban, (slight violation) fine can be 30 euros to 600 euros. By allowing to smoke (serious infringement), the fine can be 601 euros to 10,000 euros. Enable areas for smoking in places not allowed (serious infringement), the fine can be 601 euros to 10,000 euros. Possible measures to be taken by the companies in response to the above, becomes recommended, among other things, that the company adopt a series of measures which, at a given moment, let try the diligent performance of the company in compliance with the law, such as: signaling the ban in addition to at the entrance of the establishment, in the different places that may be conducive to the breachsuch as locker rooms, the dining room, bathrooms, waiting rooms, the loading docks, etc. Issue a circular in the that clearly and accurately report on the smoking ban. Establish monitoring mechanisms, common to any other statement of regular operation of the company.