Smoking
In July 1999 the independent Health and Safety Commission published a consultative proposal that a Code of Practice on employers’ obligations to control passive smoking in the workplace should be introduced. It was not proposed that smoking in the workplace be totally banned but that policies should be in place to ensure workers’ health and welfare “so far as is reasonably practicable”.
The document was welcomed by the government in its drive “to reduce people’s exposure to environmental tobacco smoke” and the director of ASH, the anti-smoking group said that passive smoking was harmful and irritating, especially for those with asthma”. No Code of Practice was introduced although passive smoking was estimated to cause many lung cancer deaths and thousands of heart disease cases in non-smokers every year in the UK.
Since that time attitudes have hardened and with the support of the majority of the public instead of a Code of Practice there is now legislation which designates “smoke free premises and vehicles” and bans people from smoking in such places.
The ban against smoking in “substantially enclosed” public spaces took effect in Wales on 2nd April 2007 and in England on 1st July 2007. The new rules largely follow the law which has been in force in Scotland since March 2006.
Smoking is not allowed in workplaces where the ceiling area is less than 50% of the walled area (so old style staff “smoking rooms” are prohibited.
Smoking is not allowed in work vehicles where non-smokers might use them including “pool cars”.
There is a duty on employers and those that control or manage premises to take “reasonable steps” to stop people from smoking and to place “no smoking” notices throughout the premises.
There is also a duty on individuals not to smoke in smoke free premises.
An employer failing to display the correctly worded sign, may be subject to a £200 fixed penalty or a fine of up to £1000, plus a criminal record if unpaid or successfully challenged.
A visitor to the premises caught lighting up would face a £50 fixed penalty or a fine of up to £200.
Failing to take reasonable steps to prevent smoking could also make an employer liable to a fine of up to £2500.
Information and advice on the introduction of smoke free legislation is available on the Smoke Free England website at: www.smokefreeengland.co.uk
All PBS information sheets are designed to provide the detail you need to implement best business and employment practices. They are not a detailed commentary on the current law and where advice is needed in a specific case you should contact PBS for expert consultation.
H&S 2