Date 31 October 2006
In the Summer of 2007, England will follow Scotland and Ireland in introducing a ban on smoking in all enclosed public spaces, meaning that almost all workplaces will have to become smoke-free. This follows the issue of the Smoke-Free (General Provisions) Regulations consultation paper on 17 July 2006. The ban includes all enclosed smoking rooms within work premises, though the most significant effect is likely to be upon pubs, bars and restaurants. The only exception to the new law will be workplaces in which people live. This could include prisons and residential care homes.
When the new law comes into force, employers will have to display No Smoking signs prominently within the workplace and at every public entrance to the premises. Employers will also have to police the smoking ban within the workplace. The proposed penalty for failing to display No Smoking signs is a fine of up to £1,000, and for not actively enforcing the ban is a fine of up to £2,500, for which the employer will be liable. Employees caught smoking will face an on-the-spot fine of up to £50.
Notwithstanding these changes, it will still be permissible to employers to permit smoking outdoors. However, company vehicles are also subject to the new legislation and must be completely non-smoking if they are likely to be used by more than one person, (save for convertible vehicles where the roof is open). Company vehicles are also subject to the requirement to display No Smoking signs.
The No Smoking signs themselves must be clearly visible to all employees and visitors, with the sign being rectangular, at least ‘A5’ size, and displaying the international no smoking symbol. The signs must state: “No smoking. It is against the law to smoke in these premises.”
Details of the Health Bill will be provided by the Government imminently. In the interim employers should take the following steps to facilitate the forthcoming changes:-
1. Inform staff of the forthcoming change in the law to give them plenty of notice leading up to the introduction of the smoking ban.
2. Draft a non-smoking policy implementing the ban, and fully consult with the staff before the new policy is introduced. This will include consulting about alternative arrangements for smokers such as the duration and frequency of smoking breaks and where employees should place cigarette ends.
3. Make a decision whether to allow smoking immediately outside your premises, and if so incorporate this into the smoking policy. Businesses are under an obligation to reduce the health and safety risk to non-smokers as much as possible.
4. Introduce a limit on the number and duration of smoking breaks that employees can take.
5. Amend and re-issue your disciplinary procedure to make it clear what will happen to employees who ignore the smoking ban and/or your smoking/non-smoking policy.
6. Order the necessary signs in good time.
If you require any further information or assistance with any of the issues discussed in this article or any employment-related issue, please contact Chris Cook of the Employment Department of SA Law on 01727 798017 or alternatively by email at chris.cook@salaw.com.
© SA Law 2006
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