Employers still confused over workplace smoking ban

Astonishingly employers are still unclear about how the smoking ban will affect their business according to the results of a survey released by Workplace Law today.

With three weeks to go until the ban comes into force, Workplace Law asked managers three simple questions about how the new anti-smoking legislation will apply to vehicles and work premises. The results show that many still need more information.

When asked if a workplace has to have a 'No Smoking' sign on every door in the building, 78% of respondents said that this isn't the case. Whilst it is true that there doesn’t have to be a sign on every door as the requirement is only to have signs on entrances, in a muti-tenanted building there is no clear guidance on who is responsible for signs at the entrance to each tenant’s area.

This could cause problems because enforcement authorities are likely to expect individual tenants to make sure entrances to their part of the building has the relevant signage if these have not been provided by the landlord.

Under the new workplace smoking legislation, employers could receive a fine of £200 if the proper signage is not displayed and up to £2,500 if they do not enforce the ban correctly.

When asked if they can smoke in any car that is used for work purposes, 97% of respondents said that they couldn't. However, there are exceptions to this rule. If a private car is used primarily by one employee it may be exempt, although the definition of primarily remains to be tested in a court of law.

If a vehicle is provided to an employee for work purposes, and is solely for that employees own use is never used to transport others it would not be covered by the legislation. In practise this may not often be the case, and employers may need to update their driving at work policies to make the distinctions clearer.

When asked if they can smoke outside a workplace, 79% of respondents said that they could. While smoking outside is not in breach of the regulations, employers do still have several important legal responsibilities. They have to make sure any smoking takes place far enough away from the building so that smoke is not blown back in.

If smokers are using any kind of outdoor shelter, there are strict rules that govern whether the shelter comes under the definition of an enclosed space where smoking would therefore be illegal.

Businesses may also become liable for any smoking-related litter which is generated on or near their premises. Proposals for a system of fixed penalty notices to be served on companies have been made recently by Defra.

For further information or for impartial, informed editorial comment on the smoking ban please contact Ben Daft on 0870 777 8881 or email ben.daft@workplacelaw.net


Notes to Editors

About smoking ban survey

Workplace Law's survey was completed by 1,133 people. The respondents were all professionals with responsibilities in the fields of health and safety, premises management and human resources.

Failing to keep abreast of the law and its implications of your business can be costly, and often comes too late to stop problems from occurring. Because of this, Workplace Law has written The Guide to Smoking Ban 2007, which will provide essential reading to ensure compliance.

Written by Angela Philip, a barrister at Eversheds, this guide is designed to explain the many complex aspects of the smoking ban, and suggest ways in which employers, premises managers and service providers can keep in line with the legislation. Written in Workplace Law's jargon-free, plain-English style, this downloadable publication is an indispensable resource for all those affected by the ban. Find out more at: http://www.workplacelaw.net/eshop/product_info.php?product_id=579

The ban on smoking under the Health Act 2006 is one of the most comprehensive anywhere in the world. It imposes obligations on businesses to take action to implement the ban and creates criminal offences for those who choose to ignore the legislation. England has adopted a very wide-reaching ban, with significant enforcement facilities to ensure compliance in order to achieve the objectives of the Government. The ban will now apply to all workplaces, public places, work vehicles, public transport, pubs, restaurants, bars, clubs, cafés, shopping centres and offices.

Lessons learned from other jurisdictions have proved that preparation is the key. This guide explains the legislation, providing you with everything that you need to know to ensure that your business is smoking ban-compliant, including practical advice on how to prepare for the ban, with guidance on signage, smoking shelters and no-smoking policies.

About the Workplace Law Group

• Workplace Law Group is the UK's fastest growing provider of legal information services on employment law, health and safety and premises management.
• The Workplace Law Group serves over 50,000 businesses in the UK and has expanded from its core market of facilities management to provide workplace solutions for architects, health and safety managers, building surveyors and HR managers.
• The Workplace Law Network produces a number of legal e-bulletins in the UK including a dedicated weekly update for the British Institute of Facilities Management (BIFM).
• There are two companies under the Workplace Law Group umbrella, providing a comprehensive service to clients.
o Workplace Law Network – Updates you with the latest legal information, news and case updates as well as our online advice service from our panel of over forty lawyers throughout the UK. The network also produces a range of books, journals and special reports on key issues for workplace managers.
o Workplace Law Training/Consultancy – Provides training, conferences and seminars on a wide range of workplace issues. Our bespoke in-house training courses can be tailored to meet the needs of your company.
• For more information on Workplace Law Group Ltd and the products and services it provides call 0870 777 8881 or visit: http://www.workplacelaw.net
• Workplace Law is ideally positioned to provide impartial, informed editorial on a range of topics. For more information, contact Ben Daft on 01223 431060.