Get Ready for the Smoking Ban Era

May 24, 07:40 AM

Current Headlines: Sarah Furness looks at the steps businesses must take to comply with new no smoking legislation

From July 1, 2007, legislation comes into force which makes it illegal to smoke in public places, including the workplace.

"Enclosed" and "substantially enclosed" premises must be smoke- free. "Enclosed premises" have a roof or ceiling and are wholly enclosed, except for doors, windows and passageways. "Substantially enclosed premises" have a roof or ceiling and an opening in the walls that is less than half of the area of the walls, excluding windows and doors that can be shut.

Businesses need to be aware of this definition if they plan on erecting outdoor smoking shelters as care needs to be taken to make sure that the shelter is not "substantially enclosed".

If a private home contains an office, then the office must be smoke-free if anyone who works there does not live in the home.

However, there is no blanket requirement for the private home to be smoke-free and so smoking can continue around tradesmen and health visitors for example. Vehicles used as a workplace by more than one person will be required to be smoke-free and therefore shared pool cars and shared vans will need to be smoke-free.

In some premises, which are residential, such as care homes and mental health units, smoking will be allowed but only in designated smoking rooms and staff will not be allowed to use them to smoke in.

There are criminal offences contained within the smoke-free legislation. Owners and managers of premises will be liable to pay a fine of up to pounds 2,500 if somebody is found to be smoking on their premises.

Owners and managers who do not display no-smoking signs at the entrances to their premises could be fined up to pounds 1,000 if the correct signs are not displayed.

It is important that businesses recognise that not only will they be breaking the law by not complying with the regulations, but they also risk causing friction in their workplace by not enforcing the no-smoking ban.

Employees who are unhappy that their colleagues continue to smoke in the workplace may raise grievances. A failure to take such complaints seriously could lead to constructive dismissal claims being brought.

Employees may also bring personal injury claims if by being subjected to a smoky working environment, they are caused physical injury. It is recommended that in advance of July 1, 2007, employers turn their attention to what needs to be done in order to comply with the smoke-free legislation. As well as complying with the legislation, employers should communicate and consult with their employees in respect of the impact that it will have on the workplace.

A no-smoking policy should be introduced and staff made aware of the consequences of non-compliance with that policy.

Non-smoking employees should be told that they will not be subject to any detriment should they "whistle blow" and report their colleagues. Disciplinary procedures should also be amended so that staff are aware that it will be gross misconduct to smoke on the premises in contravention of the law.

It is important that businesses act sooner rather than later so that come July 1, 2007, their premises and workforce are ready for the changes.

Sarah Furness is a solicitor in the Employment Unit of Hay & Kilner, where the HR team are on hand to assist with the introduction of new policies and procedures. Contact Neil Dwyer, Sarah Hall or Sarah Furness on (0191) 232-8345 or email:sarah.furness@hay-kilner.co.uk.

(c) 2007 The Journal - Newcastle-upon-Tyne. Provided by ProQuest Information and Learning. All rights Reserved.