Smoking at work

From 1st July 2007, smoking in offices- indeed in almost all public enclosed places – will become a thing of the past.

From an employer’s point of view, there are considerable benefits in a legal prohibition on workplace smoking; it will make for a better atmosphere (literally) in the office and also reduce cleaning costs. There are, however, downsides; some employees may resent being further marginalised and their interests must be taken into account, in the interests of good employee relations.

For better or worse it is no longer possible to provide dedicated smokers rooms and there is no legal requirement to provide outside smoking facilities. Should employers do so, they must ensure that the space provided is not substantially enclosed. A three sided roofed hut would be illegal; a shelter with a roof and one wall would be acceptable.

It is the responsibility of the employer, or the person responsible for each premises, to ensure that staff are aware of the new rules. Ideally every company should have a policy on smoking that is agreed with employees to cover the new regulations. In particular this should indicate what terms apply to those wishing to use any external smoking facilities that may be provided.

Allowing smokers time to get to and from a designated outside smoking area could cause resentment amongst non-smokers, since they are effectively getting more time off than their colleagues. This could be countered by offering corresponding refreshment breaks to non-smokers (in practice smokers would be using their refreshment breaks to smoke). This has some strong business benefits, since employees who take regular breaks are likely to be more effective; but this is not always practical in many businesses.

If someone smokes in an area you are responsible for, you should tell them that they are breaking the law and open to prosecution if they do not stop. If they do not do so, both you and they can be fined.

Fixed penalty fines can range from £0 to £200 for those smoking in a smoke free place; from £150 to £1,000 for failing to display appropriate signage; and up to £2,500 for allowing anyone to smoke in smoke free premises.

The smoking prohibition also applies to motor vehicles used for business, except where only one person ever uses the vehicle. Even if a vehicle is used by several people but never at the same time, the rules apply. The exception is private cars occasionally used for business.

Signs must be displayed at the entrances to all smoke free premises of at least A5 size with the words “No Smoking. It is against the law to smoke in these premises (or more specific location descriptor)”. Smaller signs must be used in vehicles and other areas. Proofs are available from the Smoke Free England website: www.smokefreeengland.co.uk in the resources section.

There are some exemptions from the new regulations, but these are highly restricted and details area available in an NHS leaflet that can be downloaded from the same website.

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