Stubbing out workplace smoking in England

Stubbing out workplace smoking in England: implications for employers and employees
By Ross Stowger

From 1 July 2007 people in bars, restaurants and pool cars in England will no longer be allowed to smoke, leading to some pundits predicting a growth in the sale of the convertible pool cars and taxis for the diehard nicotine junkie as one inventive way to circumvent the new law.

Smoke free premises

The Health Act 2006 outlaws smoking in places open to the public and workplaces. Enclosed or substantially enclosed premises must be smoke free if they are used as a place of work by more than one person. The Smoke-Free (Premises and Enforcement) Regulations 2006 state that "enclosed" premises have a roof or ceiling and except for doors, windows and passageways are wholly enclosed either permanently or temporarily. Whilst "substantially enclosed" premises have a roof or ceiling and an opening in the walls that is less than half the area of the walls, excluding doors and windows that can be shut. Therefore, perhaps it would be sensible to remember to keep all of the sides of a marquee up if you wish to smoke at a wedding this summer where catering or bar staff are working!

If a private home contains an office, the office will need to be smoke free if anyone who does not live in the home works there. Staff smoking rooms will be consigned to the ashtray of history. However, hotels will be allowed to have smoking rooms for guests only provided they are properly signed and equipped.

Signage

The Smoke- Free (Signs) Regulations 2007 will come into force on 1 July 2007 too requiring A5 size signs to be displayed at each entrance to a smoke free premises containing the words "No smoking. It is against the law to smoke in these premises", (subject to European ratification under the Technical Standards Directive)

Penalties

The legislation has teeth and creates three types of offence:

1 knowingly smoking in a smoke free area

2 failing to act to prevent smoking in a smoke free area

3 failing to display a prescribed "no smoking" notice in a smoke free premises.

Anyone flouting the ban by smoking in a smoke free place will face a fine of £200, or a fixed penalty notice of £50.

You will be unsurprised to learn that the buck will stop with business owners and managers who will be responsible for ensuring that their premises are smoke free. The law provides for a personal fine of up to £2,500 if somebody is reported smoking.

Even failure to display a no smoking sign at each public entrance with the required content could cost you dear resulting in a fine of up to £1,000 for the owner or manager of the business.

The legislation will be enforced by local authorities and others.

Smoking policy

Although approximately 90% of workplaces are already smoke free it is important for employers to act now to deal with compliance with the new law. Practical steps include installation of the no smoking signs to be displayed at public entrances and raising awareness of the regulations among employees.

One practical way of addressing the changes is through the development of a policy and the cultural change that this might bring about. It has also been suggested by certain commentators that this could be a good opportunity to deal with revising disciplinary policies to prevent groups of employees congregating outside office premises to smoke. Furthermore employers could provide access to smoking cessation services through their own occupational health service.

Those in the leisure and hospitality industries may wish to consider providing information and training to employees about their responsibilities under the regulations.

Stubbing out workplace smoking in England