The New Smoking Regulations

Employers now have to accommodate a complete ban on smoking in public places, introduced by the Health Act 2006 and effective from 1st July 2007.

The employer’s obligations

Failure to take reasonable steps to prevent smoking in a smoke-free place will render the manager of such premises liable on summary conviction to a fine of £2,500.

Smoke-free places

The smoking ban applies to “all enclosed or substantially enclosed premises, used as a place of work for more than one person”.

This will potentially include bike sheds and porches.

It will be no defence to a manager to suggest that a smoking ban is not required, because all employees smoke.

Existing smoking areas, such as staff rooms, must also become smoke-free.

A shelter with only a roof and one wall will not be “substantially enclosed” and may, therefore, be permitted as a smoking place.

‘No Smoking’ signs

Employers must display ‘No Smoking’ signs. These must be prominently visible at all entrances to relevant premises and in other conspicuous areas, including toilets and staff rooms.

They must measure at least 280mm x 200mm, display the international ‘No Smoking’ symbol and state that it is illegal to smoke in the premises concerned.

A manager of such premises, who fails to display appropriate signs, is liable on summary conviction to a fine of £1,000 or to a fixed penalty of £200.

Company cars

Vehicles used by more than one person will need ‘No Smoking’ signs to be fixed inside.

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


A non-smoking policy

A non-smoking policy may be of assistance to employers, as it clarifies the effects of the smoking ban.

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

Exemptions

There are exceptions to the ban, where a workplace is also someone’s home, such as a residential home, a designated hotel room, a prison, an off-shore platform or a hospice.

Smoking may here be allowed in a bedroom or 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).

For those who work from home, there is no requirement to be smoke-free.

Employees visiting people in their own homes, for example cleaners, health workers or nannies, are not covered by the legislation, but may be covered by their own employers’ requirements.

Support for those who wish to quit

If an employer is facing a hard-core band of smoking employees, he may consider offering support to those who wish to give up smoking or arranging an on-site shelter for smokers, but must not otherwise allow smoking to continue.