It is quite clear to see that smoking habits of employees across the country have changed since the new smoking laws came into practice, banning anyone smoking in the workplace. However, how much do you know about these laws, and are you sure your business is abiding by them?

The smoking ban was put into practice on July 1st 2007. The ban includes all public places of employment, including enclosed public spaces. Even offices that had a smoking room are no longer allowed to use it. All employees must leave the building in order to smoke.

However, as with all rules, there is an exception, which is people who are in workplaces that also act as ‘homes’ for others, such as prisons, care homes and hotels are still allowed to light up inside as long as they abide by certain conditions.

The ban also extends to public vehicles, shared company vehicles, taxis and private hire cars.

What Must You Do?

As an employer, you are held responsible for making sure the no-smoking law is applied to all your company’s buildings and vehicles.

You must also ensure there is a no-smoking sign displayed at the entrance to your premises. This sign must meet the following requirements:

• be a minimum of A5 in area (210mm x 148mm)
• display the international no-smoking symbol, which consists solely of a graphic representation of a single burning cigarette enclosed in a red circle of at least 70mm in diameter with a red bar across it
• carry the following words in characters that can be easily read: ‘No smoking. It is against the law to smoke in these premises’

You can get away with a smaller sign which has on it the international no-smoking symbol at least 70mm in diameter being displayed if your premises are:

• only used by members of staff, providing the premises displays at least one A5 area sign, or
• located within larger smoke-free premises, such as a shop within an indoor shopping centre

You can provide employees with an outdoor shelter, which your employees are bound to appreciate in the winter months, but you are not legally obliged to do so if you do not wish. If you are going to have a shelter built, it must not be ‘enclosed’ or ‘substantially enclosed’.

What are the Penalties?

Local authorities enforce the smoking rules. Anyone caught ignoring the ban could face:

• Smoking in a smoke-free premises or vehicle carries a fixed penalty notice of £50 or a fine by a court of up to £200.
• Failure to display no smoking signs in smoke-free premises and vehicles carries a fixed penalty notice of £200 or a fine by a court of up to £1000.
• Failing to prevent smoking in a smoke-free premises or vehicle carries a fine by a court of up to £2500.

 

What Do You Think?

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