The New Smoking Regulations

Both employers and employees will shortly have to get to grips with a complete ban on smoking in the workplace, introduced by the Health Act 2006 and effective from 1st July 2007.

Most importantly for employees, the smoking ban applies to all enclosed or substantially enclosed premises, including places previously labelled by employers as smoking rooms.

It will be no defence for an employer or an employee to suggest that a smoking ban is not required, because all of the employees smoke.

Cost of smoking

A person who lights a cigarette in a smoke-free place will be liable on summary conviction to a fine of £200 or to a fixed penalty of £50.

Company vehicles

Fixed ‘No Smoking’ signs will be required in shared company vehicles. The ban will even operate if the smoker is the only one in the vehicle, provided that the vehicle is used by others.

If a vehicle is driven by one person in the morning and by another in the afternoon, it is a shared vehicle, to which the smoking ban applies.

Smoking policy

An employer may introduce a non-smoking policy, to explain and enforce the law.

A sound policy will indicate the effect of breaching the ban and include procedures for resolving complaints and disputes about smoking. The ban will also specify which vehicles need to be kept smoke-free.

Home workers

One exemption under the new Regulations is where a workplace is also someone’s home.

In the case of residential homes, long term residential mental health units, prisons, off-shore platforms, hotels and hospices, smoking will be allowed, either a bedroom or a designated smoking room.

Residents and their guests will be permitted to smoke, but not employees (except on off-shore platforms, where smoking outside poses an obvious health and safety risk).

If an employee works from home, there is no requirement to make the private home or any part of it smoke-free, provided that nobody else works there with the employee concerned.

An employee who visits people in their own homes, for example a cleaner, health worker or nanny, is not covered by the legislation but may be covered by his or her own employer’s requirements.

Progressive employers will offer support to employees who wish to give up smoking.

If you are a non-smoking employee, and cannot wait for July 2007, you should make your employers aware that they are already under an implied duty to control passive smoking at work, under the provisions of the Health & Safety at Work Act 1974.