The smoking ban could yet apply to some family homes under proposals being considered by the Health and Safety Authority (HSA).
While the Minister for Health, Mr Martin, has said his ban would not apply to domestic dwellings, it has emerged that some homes could come under separate worker-protection legislation being prepared by the HSA.
A spokeswoman for the HSA confirmed that the regulations being considered by the authority may yet be applied to homes where there are full-time employees. This would include family homes where full-time childcare workers are employed, and where home-helps and care workers are employed to care for elderly people .
The HSA's regulations, which will accompany Mr Martin's ban, will classify environmental tobacco smoke as a carcinogen.
This would have the effect of banning smoking in the workplace, and would also place an onus on employers to ensure that workers can operate in a smoke-free environment.
These regulations have to be approved by Mr Frank Fahey, the Minister of State for Enterprise and Employment.
At present the draft regulations do not differentiate between domestic dwellings and offices in terms of workplaces.
A spokeswoman for the HSA said the inclusion of domestic workplaces in the regulations was still being considered.
"A call will be made on this over the coming weeks." The authority was currently finalising its proposals, and was in contact with the Department of Health on this and other matter.
She said a major issue would be the fact that employees in domestic settings deserved the same protection. "Any of our deliberations would reflect that. At the same time you have to have regulations that are both realistic and enforceable."
The Department of Health's draft legislation specifically excludes domestic dwellings. The Department received legal advice that mandatory inspections of people's homes would be unconstitutional.