Nichtraucherschutz am Arbeitsplatz

This title provides a comprehensive analysis of non-smoker protection in the workplace in Germany with regard to the Framework Convention on Tobacco Control (FCTC). The author considers that the focus of commentary literature is the previous jurisprudence of the BAG from the 1990s, which displays deficiencies regarding the Working Conditions Act; therefore, according to him, it cannot not be used anymore to solve current conflicts in non-smoker protection. He puts provisions of non-smoker protection in a systematic relationship with the Working Conditions Act and demands the interpretation of the FCTC according to International Law. The author considers various levels of legal enforcement, in particular the interaction between individual and collective legal enforcement. He points out the importance of public-sector accident insurers and occupational and safety health authorities in this context. Thelen states that the aim of coherent industrial health and safety protection has to be reducing the number of smokers especially at work. The author determines workplace health promotion, recently strengthened by the Prevention Act, as an appropriate instrument.