The Back of a Fag Packet Guide to the New No Smoking Rules
On the 1st July 2007 England joins Scotland, Wales and Northern Ireland in becoming 'Smoke-Free' following the implementation of regulations banning smoking in enclosed public places, including most workplaces and work vehicles.
Failing to act risks fines and prosecution. In common with a lot of employment legislation, the devil is in the detail, particularly when employers are meant to display no smoking signs in all workplaces, including vehicles. Our potted guide summarises the key points:
What do employers need to do?
Employers, managers and those in charge of smoke free premises and vehicles will need to:
·
Display 'no-smoking' signs in smoke free premises and vehicles
·
Take reasonable steps to ensure that staff, customers/members and visitors are aware that premises and vehicles are legally required to be smoke free
·
Remove any existing indoor smoking rooms
·
Ensure that no one smokes in smoke free premises or vehicles
What is an enclosed place?
The legislation prohibits smoking in enclosed and substantially enclosed premises in
·
Premises are 'enclosed'
if they have a ceiling or roof and, except for doors, windows and passageways, are wholly enclosed, either permanently or temporarily.
·
Premises are 'substantially enclosed'
if they have a ceiling or roof but there is an opening or aggregate area of openings in the walls that is less than half of the area of the walls.
Are there any exemptions?
Smoking is not banned in some workplaces that are used as residential accommodation such as prisons, hospices, offshore installations and care homes. Other exemptions include allowing smoking in specialist tobacco shops or smoking whilst acting, where this is necessary for the artistic integrity of the performance.
What about staff working at home?
The legislation applies:
·
Where the dwelling is used solely as a place of work by more than one person who does not live there, or
·
Where the dwelling is used as a place of work by only one person, but that person invites others who do not live or work there into it solely for work purposes.
Therefore a homeworker who works alone does not have any obligation to observe the ban in their own home, although a homeworker who invites others into an area of his or her home for work purposes is required to comply with the smoking ban.
What about vehicles?
Like home offices, vehicles are also covered by the scope of the smoking ban.
Smoking is not allowed in a vehicle that is enclosed where:
·
It is used by members of the public or a section of the public, or
· It is used by more than one person in the course of paid or voluntary work (even if those persons use the vehicle at different times, or only intermittently).
Vehicles, including company cars, are only exempted if they are used exclusively by one person or primarily for private use. Company cars issued to one driver but whose driver is expected to carry other people in the course of work are covered. Vehicles that are used primarily for private purposes of a person and which is owned by the person, or the person has the right to use it which is not restricted to a particular journey, are not covered. The situation relating to cars owned by individuals but paid for by car allowances is less clear. A sensible rule of thumb is that if an individual has a car allowance in order to supply a car for business purposes it should be treated as being covered.
Signage
The Smoke-free (Signs) Regulations 2007 make the following requirements:
·
There should be at least one no-smoking sign at each entrance to smoke-free premises and that the signage should be displayed in a prominent position
·
The sign must be at least A5 size. It should display a no-smoking symbol (consisting of a burning cigarette enclosed in a red circle and with a red bar across it).
·
The sign should also state: 'No smoking. It is against the law to smoke in these premises.'
·
The words 'these premises' can be replaced with another phrase that identifies the premises, for example 'this restaurant'.
It is sufficient to display a sign that has only the no-smoking symbol in colour (minimum of 70mm in diameter) where:
·
It is an entrance from one smoke-free premises into other smoke-free premises;
·
Where it is an entrance solely for workers to their place of work and where that place of work has another entrance that already displays no-smoking signs; or
·
In vehicles covered by the legislation (as detailed above).
So What?
Failure by employers and individuals to comply with the rules relating to smoking could result in fines as follows:
·
Fixed penalty of £200 or prosecution and a fine of up to £1,000 for failure to display appropriate signs; or
·
Fine of up to £2,500 for failing to enforce the ban for employers; and
·
Individuals are also liable for a fixed penalty of £50 or prosecution and a fine of up to £200 for smoking in a smoke-free area.
Next steps?
For more advice and guidance, a smoking policy and example communications to staff contact Theresa on theresa@hradvantage.co.uk or call 01494 451681.
