The government has set the dates for the smoking ban - 2nd April 2007 in Wales and 1st July 2007 in England. All workplaces will need to be smoke-free from these dates. While many employers already ban smoking inside their premises, the ban will doubtless affect those whose staff work in more ‘social’ settings such as care homes (where residents may perhaps smoke in their rooms).
Employers will face fines if they do not take reasonable steps to prevent smoking (whether by employees or customers/visitors). This will apply to all enclosed and semi-enclosed spaces and to all company vehicles that are used by more than one person. If your staff might be asked to travel together in your vehicles, for example to a meeting or training event, then that vehicle should be a non-smoking one.
No smoking signs will become compulsory (including in vehicles) and smokers may be subject to on-the-spot fines of up to £2,500, imposed by external health & safety officers. The regulations for England are not yet finalised, but it is already clear that employers will need to amend their policies to provide for workers to be disciplined for breaking the ban.
Employers are also considering carefully their policies on staff smoking outside their premises with many banning smokers from smoking anywhere in the vicinity. Others are considering whether to require those taking smoking breaks at times outside their standard rest breaks to make up the time they have taken. We have been advising employers regarding these issues and helping them to draft and implement policies – for further advice please contact Anna Denton.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
