Smoke-Free Regulations

Smoking in the workplace was the topic of an earlier newsletter in February 2004. The issue has now moved on to cover smoking in all enclosed and substantially enclosed public places – in other words, any places that are shared by two or more people.

There are exceptions, but application of the ban is very wide and far reaching. It is already in place in Scotland, comes into force at the start of April in Wales and is due to be introduced in England on 1st July.

Since the business activities of most organisations are carried out in enclosed places – at least in part – it inevitably follows that the smoking ban affects most businesses.

The Case for a Smoking Ban

The statistics behind this legislation are quite staggering, for example:

Most smokers start the habit as teenagers – many when they are below the age of 16, which is the age when they can legally buy cigarettes. Of adults, very roughly a quarter of people are smokers
Every year in the UK it is estimated that 114,000 deaths are attributed to smoking. That is many times the number of deaths from other significant causes such as traffic accidents, murder and manslaughter, alcohol and drugs overdose, AIDS etc.
Again it is estimated that of all regular smokers, about half will eventually die from smoking related illness.

Perhaps surprisingly, surveys indicate that the majority of confirmed smokers would like to quit but the addictive nature, peer pressure, social habits and other factors combine to keep them hooked.

Passive Smoking

These statistics, however, cover people who have chosen to smoke. The new legislation is aimed as much at those who are not smokers themselves but, by virtue of their circumstances, inhale other people’s cigarette smoke, commonly referred to as ‘passive smoking’.

Even if you aren’t a smoker, you can face many of the same health risks (such as cancer and heart disease) if you frequent places where other people are smoking. Not only are you breathing in smoke directly from the tip of the cigarette, you are also breathing second-hand smoke that others have exhaled.

What many people are unaware of is that second-hand smoke hangs around for a long time. It may still be there when you can no longer see it or not even smell it.

The more enclosed the space, the greater the risk. So, for example, smoking in a car or the cab of a lorry effectively concentrates the smoke - with all its harmful chemicals - into a smaller space.

So How Does This Affect Employers?

Under the Health and Safety at Work Act, you have a duty to ensure the health and safety of employees, which includes the risk of ill health resulting from other people smoking. This duty is now compounded by specific legislation not to expose employees to health risks from passive smoking.

Whilst there are exceptions, if your business is conducted in office accommodation, factory, warehouse, bar, shop, restaurant, public transport and the like then you are affected. Even a vehicle such as a lorry, van or car that is used for business is included if it is used by more than one person (not necessarily at the same time).

All in all that covers the vast majority of employers.

Required Actions

As an employer, therefore you must:

Establish work places that are substantially or fully enclosed as no smoking areas
Remove any existing indoor smoking arrangements such as designated smoking rooms
Ensure that people observe the no-smoking rules

Exactly how you comply with these requirements may vary according to circumstances but might include:

Developing and publishing a specific non-smoking policy in which the organisation makes clear its commitment to establish and maintain a smoke free working environment
Displaying no-smoking signs in all areas that are covered by the legislation. In fact this is a specific requirement of the legislation.
Use training or awareness events to ensure all employees know the facts about smoking and how the law affects them as well as their employer.
Have measures in place to manage the ban so that there are clear actions should anyone break the rules

Additional Actions

You may choose to go beyond your legal duties by actively encouraging smokers to give up the habit, perhaps by providing advice and counselling services, positive incentives, or just simple encouragement.

You can find additional information and keep up to date with the latest developments at the NHS Smoke-Free website at http://www.smokefreeengland.co.uk/

Contact EDP HS&E Consultants for all your health, safety and environment needs. We can check your current arrangements and advise you about any changes or improvements you need to make.

To discuss your requirements, without any obligation on your part, please gives us a call on 01744 766000 or complete the Enquiry Form on our website.

In addition to our regular newsletters, you can also keep up with the latest information from EDP by visiting our blog at http://edp-uk.blogspot.com/