Smoking in the Workplace

From July 1 2007 the law was changed to require all enclosed or substantially enclosed public places to be smoke-free.

 The main points of the provisions are:

1. All work premises are to be smoke-free where they are enclosed or substantially enclosed (which means having a ceiling or roof and having more than 50% open to the outside).
   
   
2. Employers must prominently display a smoking sign which must be flat, rectangular and contain the no approved smoking logo and the words no smoking at each public entrance.  The sign must be at least A5 size. 
   
   
3. Failing to display the sign will mean an automatic fixed penalty of £200 (discounted to £150 if paid within 15 days) to issued by under S6 of the Health Act 2009.  If the fine is unpaid or challenged it could rise to £1,000 (and a criminal record).
   
   
4. Any employer failing to take reasonable steps to prevent smoking is liable for a fine of up to £2,500 – 10 times more than the figure originally proposed. (Incidentally, this means employers having to do more than simply display the relevant signs!)
   
   
5. Any individual (employee or visitor) caught smoking will be subject to a fixed penalty fine of £50 (discounted to £30 if paid within 15 days) to issued by under S7 of the Health Act 2009.  If the fine is unpaid or challenged it could rise to £200 (and a criminal record).
   
   
6. Company, work and public vehicles are to be entirely smoke-free where they may be used by more than one individual (unless convertible with the roof open) and must also prominently display to any person entering the vehicle an approved no smoking sign, with the vehicle’s approved operator being held legally responsible for any breaches.
   
   
7. There will be no exemption allowing employers to have a designated smoking room.
   
   
8. There will be a number of specific exemptions which includes, amongst others:
   
   • Private dwellings;
   • Bedrooms of residential accommodation such as hotels;
   • Private members’ clubs;
   • Care homes as defined by the Care Standards Act 2000;
   • Hospices for services users with progressive illnesses in its final stage;
   • Mental health units providing long-term residential accommodation;
   • Prisons.